Hela Governor gets Court to put stay on funds

The Supreme Court in Waigani has granted a stay order, halting access to the 2% development levy meant for the Moran area within the Petroleum Development License [PDL]- 5 region in the Hela Province.

The decision, delivered on Monday afternoon by Justice Derek Hartshorn, restrains the Moran Special Purpose Authority from using the funds until the court determines ongoing review proceedings. 

Hela Governor Philip Undialu's lawyer, Junior Yawali, explained outside the courtroom to NBC Online that the stay order ensures accountability and prevents improper access to funds intended for the Moran community.

According to Mr. Yawali, the Moran Special Purpose Authority bypassed legal processes and accessed K20 million of the levy without the knowledge or consent of key stakeholders, including the Governor, Moran residents, and other concerned parties. 

The Homa Paua People's Association, a community group representing Moran residents, has joined the case as a respondent, citing significant interest in the funds.

The group was not originally included as a party despite being beneficiaries and signatories to the 2005 Memorandum of Agreement governing the levy.

Mr. Yawali said their exclusion and the unauthorized actions of the Authority have infringed upon their rights. 

“The Moran Special Purpose Authority does not have a rightful claim to this money. This is a legacy issue that must be resolved by the Supreme Court,” Mr. Yawali said. 

The court's decision follows the filing of a judicial review application by Undialu’s legal team.

The review challenges the actions of the Moran Special Purpose Authority, arguing that its conduct violates agreements under the Oil and Gas Act and the Organic law, he said. 

Mr. Yawali said the levy is meant to directly benefit Moran landowners and their local government, not the Authority. 

He said as the case progresses, the stay order ensures that the funds remain untouched and will protect the intended beneficiaries and prevent further disputes until the court fully addresses the matter. 

The Supreme Court is expected to review the substantive case in the coming months.