Kokoda Trail Land Ownership Dispute at Ofi Creek

Ofi is a pristine creek that slices between two steep escarpments between of Ioribaiwa Ridge and the Maguli Range. During the early 1990s, only about a dozen trekkers could camp on a couple of small terraces carved out above the southern section of the creek. It was too dangerous to camp on the sandy patch on the creek due to the risk of flash flooding.

It emerged as a critical point as trekker numbers increased; we sometimes had to squeeze in as best we could because some trekkers were unable to cross either ridge at the end of their day’s trek.In the late 1990’s, the landowner, Dobu Buai, and his wife, Theresa, set up a small shelter and garden near the creek and began clearing the area with a machete and a shovel to develop a campsite.

I believed it was a mission impossible at the time due to the area’s isolation and rugged terrain.However, Dobu, a nuggetty ball of muscle, was not deterred by the challenge.

After his campsite began to take shape, we were able to see its potential and provided around K3,000 to hire some of the boys from the nearby village of Ioribaiwa to assist. We also assured him that we would include the site in our campsite schedule, which would ensure an annual income of around K20,000.

As trekker numbers increased after the 60^th anniversary of the Kokoda campaign in 2002, Dobu’s camp began to take shape one plank at a time. Over the next few years, Theresa gave birth to two young daughters, and we adjusted our trek schedules to include Dobu’s campsite.

Contents

9 October 2009: Notice of Land Ownership Dispute at Ofi Creek. 1

13 October 2009: Email from CEO KTA re meeting with landowners. 2

14 October: Email response from Charlie Lynn to KTA CEO, Rod Hillman. 3

14 October 2009: Email from KTA CEO re response to Charlie Lynn. 4

14 October 2009: Email from Warren Bartlett, former CEO of KTA to Rod Hillman. 5

15 October 2015: Email from Rod Hillman to Warren Bartlett 7

9 October 2009: Notice of Land Ownership Dispute at Ofi Creek

From: Volker Scholz [mailto:vscholz@online.net.pg] Sent: Friday, 9 October 2009 3:21 PM
To: robyn.kruk@environment.gov.au; hollway@ozemail.com.au; James Enage; Minouschka Lush; pvincent@pngtourism.org.pg; rhillman@online.net.pg; Warren Bartlett; kate.bowmaker@environment.gov.au; Charlie Lynn; chris.moraitis@dfat.gov.au; aidan@ourspirit.com.au Subject: Land Ownership dispute – Ofi Creek

Dear all
An update on the landowner dispute at Ofi Creek, for your information. KTA management have involved the appropriate landowner representatives on the KTA Board, the relevant Ward Councilors and the Local Level Government (LLG) to resolve this dispute. A meeting was scheduled to take place at the KTA office today, led by the LLG President, however, one of the parties did not attend. The LLG is hoping this meeting can be rescheduled within the next few days.

The KTA has effective processes in place to work collaboratively within PNG government systems to manage the Kokoda Track, including in mediating landowner issues that directly affect trekking activities.

I can assure you this issue is being properly handled through appropriate PNG Government processes and PNG departments, and we hope for a resolution in the very near future. I’m sure you understand that these landowner disputes are often ongoing and involve underlying local issues, so it is important to use the LLG to assist parties to reach a resolution. In this way, the KTA acts as a link between landowners, Local Level Governments, communities and tour operators, where appropriate. Charlie and Warren, thank you for providing us the details of this conflict and assisting in managing this situation.

We will continue to keep you well informed of this issue. Please feel free to contact myself or James Enage with further information or concerns.
Regards
Volker Scholz
Operations Manager – Kokoda Track Authority Ph. 3236176 Mob. 71225419

13 October 2009: Email from CEO KTA re meeting with landowners

From: Rod Hillman [mailto:rod@daltron.com.pg] Sent: Tuesday, 13 October 2009 3:41 PM
To: ‘Volker Scholz’; robyn.kruk@environment.gov.au; hollway@ozemail.com.au; James Enage; Minouschka Lush; pvincent@pngtourism.org.pg; rhillman@online.net.pg; kate.bowmaker@environment.gov.au; Charlie. Lynn; chris.moraitis@dfat.gov.au; aidan@ourspirit.com.au; ‘Warren R Bartlett’
Subject: Land Ownership dispute – Ofi Creek

All,
A meeting was held today, 13th October, to mediate the Ofi Creek situation, chaired by Mr. Ogi David – KTA Management Committee member and President of the Koiari LLG.

A resolution was reached, and formalized through a signed agreement, whereby the Ofi creek campsite would:
*    Reopen today
*    Be operated by Mr. Dobo Buai until at least 31st December 2009
*    Mr. Dobo Buai will vacate Ofi Creek campsite after a community meeting is held (but not before 31st December)
*    K420 of campsite fees from Adventure Kokoda has been handed to Mr. Peter Malik.
*    Campsite is property of the Aihai Land Group Inc. represented by Mr. Peter Malik (Chairman)

We hope this situation is now resolved.
Rod Hillman
Chief Executive

Campsite at Ofi Creek after being burnt down by Peter Malik

Dobu Buai with wife Esther and daughers Brenda and Esther Jr

14 October: Email response from Charlie Lynn to KTA CEO, Rod Hillman

From: Charlie Lynn [mailto:charlie@charlielynn.com.au] Sent: 14 October 2009 04:52
To: ‘Rod Hillman’; ‘Volker Scholz’; robyn.kruk@environment.gov.au; hollway@ozemail.com.au; ‘James Enage’; ‘Minouschka Lush’; pvincent@pngtourism.org.pg; rhillman@online.net.pg; kate.bowmaker@environment.gov.au; chris.moraitis@dfat.gov.au; aidan@ourspirit.com.au; ‘Warren R Bartlett’
Cc: ‘John Miles’; ‘Frank Taylor’; ‘Carol Kidu’; ‘Jason Clare MP’; ‘Scott Morrison MP’ Subject: RE: Land Ownership dispute – Ofi Creek

I hope everybody had a better sleep than I did last night – I just haven’t been able to get a very sick feeling out of my stomach.

I can only wonder how Dobu Buai, his wife Esther and their two beautiful daughters, Brenda and little Esther handled the dark hours of last night.

They would have pondered 10 years of sacrifice, isolation and loneliness as they toiled to carve their future out of the savage jungle at Ofi Creek. They would have reflected on the number of times they walked around the site with white men discussing the location of toilets and the ‘Westerners’ need for modesty screens. Then it would be off on a two hour climb up the Maguli Range to find the bamboo necessary to have it ready in time for the next group.

The ‘white man’ would then discuss the need for a drying hut for trekkers – so it would be back up the mountain again! Dobu never shied away from any task – many white men had passed through his village the since the goldmine that threatened the health of his pristine creek was scuttled. They said they were from a faraway village called Canberra and they all muttered the same phrase – something about a sustainable economic future for the Koiari and Orokaiva people who live along the Kokoda Trail.

Those words would seem hollow to Dobu this morning. After 10 years of backbreaking work he has been dispatched to God knows where – without hope – by a KTA ‘court’ without any grounds of appeal. No payout. No goodwill. No welfare system to tide him over – he didn’t even get to keep the K420 for hosting his last trek group. A cruel piece of Jungle justice!

And for Peter Malik – the victor from Madang – comes the realisation that standover tactics and extortion can pay handsomely under the new regime.

Anyway it’s back on the plane for the consultants – back to the air-conditioned officers for the decision-makers – and back to the despair of the jungle for Dobu and his family.

I’ll get over it no doubt – in fact I’ll go and plug the kettle in right now.

Lukim,
Charlie

14 October 2009: Email from KTA CEO re response to Charlie Lynn

From: Rod Hillman rod@daltron.com.pg Date: Wed, 14 Oct 2009 06:52:54 +1000 |
To: charlie@charlielynn.com.au, vscholz@online.net.pg, robyn.kruk@environment.gov.au, hollway@ozemail.com.au, jenage@cbsc.org.pg, minouschka.lush@environment.gov.au, pvincent@pngtourism.org.pg, rhillman@online.net.pg, kate.bowmaker@environment.gov.au, chris.moraitis@dfat.gov.au, aidan@ourspirit.com.au, sogent@eftel.net.au, johnm@executiveexcellence.com.au, kokoda@arach.net.au, cakidu@online.net.pg, Jason.Clare.MP@aph.gov.au, scott.morrison.mp@aph.gov.au
Subject: RE: Land Ownership dispute – Ofi Creek Charlie,

|The KTA is not a court and did not make the decision. KTA was the venue for a mediation between the Koiari LLG president, Peter Malik (plus family) and Dobu Buai (plus family) with KTA (Volker and myself) as observers. No consultants, just local people resolving their own problems.

Rod Hillman
Chief Executive Kokoda Track Authority PO Box 545, Boroko NCD 111 PAPUA NEW GUINEA rhillman@online.net.pg Tel; + (675) 323 6178 (Direct) Tel; + (675) 323 6165 (Switch)

Comment: The ignorance and arrogance behind this statement by Rod Hillman is breathtaking and typifies the attitudes of Australian official (with two notable exceptions – Volker Schultz and Artie Jacobson) since Canberra took control of the Trail in 2009 until today.

Hillman did not trek across the Trail until the end of his tenure in 2012 – he only met with villagers in the comfort of his Port Moresby office which was as far removed from their comfort zone as could be.

14 October 2009: Email from Warren Bartlett, former CEO of KTA to Rod Hillman

From: Warren R Bartlett [mailto:sogent@global.net.pg] Sent: Wednesday, 14 October 2009 11:36 PM
To: ‘rod@daltron.com.pg’ Cc: ‘charlie@charlielynn.com.au’; ‘vscholz@online.net.pg’; ‘robyn.kruk@environment.gov.au’; ‘hollway@ozemail.com.au’; ‘James Enage’; ‘minouschka.lush@environment.gov.au’; ‘Peter Vincent’; ‘kate.bowmaker@environment.gov.au’; ‘Chris.Moraitis@dfat.gov.au’; ‘aidan@ourspirit.com.au’; ‘johnm@executiveexcellence.com.au’; ‘kokoda@arach.net.au’; ‘cakidu@online.net.pg’; ‘Jason.Clare.MP@aph.gov.au’; ‘scott.morrison.mp@aph.gov.au’; ‘mruikta@global.net.pg’
Subject: RE: RE: Land Ownership dispute – Ofi Creek

Hi Rod,
I have been noting with concern the demands being made by Peter Malik over a considerable stretch of the Kokoda Trail.

When I walked Kokoda – Owers’ Corner with the original KTA board members in June, 2004, we noted that Peter Malik had cleared and pegged a 6Km stretch of the track commencing slightly south of his new Ua’ule Creek Campsite. The boundary did not reach Ofi Creek. Peter had posted a notice at each end of his claimed section of track with a laminated copy of the Certificate of Incorporation of his clan’s Aihi Land Group. We complimented Peter on the attention he had given to clearing the track and recommended it be allowed to regrow to a nominal width to maintain the spirit of Kokoda and not provide the image of a walk in the park.

When Frontier Resources began their exploration of Mt Kodu, Peter lost interest in his campsite and KTA and concentrated on assisting the mining company and the benefits which he hoped to obtain as an employee. This arrangement did not last and Peter again took interest in the track. I believe his bush shelters have collapsed and only the camping ground exists today. Peter Malik’s parentage is father from Madang and mother from Ioribaiwa. Land ownership amongst the Koiari is via patrilineal descent and not matrilineal. Peter would have land ownership rights in Madang and not Koiari.

In 2005, Peter was involved in a clan dispute with clan members from Brown River over land ownership and one person was killed and others injured. Peter Malik was accused as the instigator of the incident and the murder. When the Police investigated, Peter disappeared.

Early 2006, Peter approached KTA office and advised that the parties had come to an agreement and wished to close the matter by a cash settlement by both parties. As neither party supposedly had any funds they had decided to ask KTA for K1,000 which both groups would share K500 each. As KTA wanted the dispute resolved to ensure that the trekking industry would not suffer, KTA decided to pay the K1,000 to Peter Malik for which he signed. As it turned out, Peter kept the K1,000 for himself and the other party missed out.

The payment of the K1,000 to Peter Malik was made from KTA cheque # 48058 dated 1 February, 2006. If KTA’s Finance/Admin Manager, Michael Rui, looks up the cheque requisition on the Arch File for that period, he will locate documentation and claim letter from Peter Malik.

The Police had still not apprehended Peter for the murder and Peter would disappear for weeks and months when the law got too close. I believe Peter Malik was recently apprehended by the Police as his wife was seeking assistance for bail money. His apprehension may not have been in relation to the murder charge.

Peter has a love/hate relationship with the trekking industry and KTA. He is a forceful character and has become the self appointed leader of his adopted clan. Under customary arrangements of the Koiari tribe, he would not have land ownership rights but usufructory rights to use the land for hunting, gardening and possibly business activities. Culturally, he would not have the ability to remove clan landowners such as Dobu and Ruben (who has also been threatened to vacate his campsite).

The community meeting of clan landowners should determine the fate of Dobu and possibly Ruben and other campsite landowners on land claimed to be owned by Peter Malik (or Peter Malik’s Clan) and not by a small gathering in the KTA office on Tuesday 13 October, 2009. If Dobu Buai is aggrieved by any unfavourable decision, and has sufficient support of his clan, he can take the matter to the District Land Court and possibly the Land Titles Commission.

Dobu und his wife have been very supportive of the trekking industry and many trekkers camp at Ofi Creek. Trek Operators will also be saddened and annoyed by the current events, which could have been overcome if KTA had a Dispute Settlement Committee of leaders, councillors and KTA board members from applicable areas along the track who would tackle any such problems on location and not in the KTA office. Such was the case between 2004 and 2007.

Regards
Warren R Bartlett
Sogeri Enterprises Ltd P O Box 3367, Boroko, NCD 111 Fx/Ph: (675)325 1887 Mobiles: (675) 7685 7685 and 7265 0138 Email: sogent@global.net.pg, sogent@eftel.net.au

15 October 2009: Email from Warren Bartlett to KTA CEO

From: Warren R Bartlett [mailto:sogent@global.net.pg] Sent: 15 October 2009 00:21
To: rod@daltron.com.pg Cc: charlie@charlielynn.com.au; vscholz@online.net.pg; robyn.kruk@environment.gov.au; hollway@ozemail.com.au; ‘James Enage’; minouschka.lush@environment.gov.au; ‘Peter Vincent’; kate.bowmaker@environment.gov.au; Chris.Moraitis@dfat.gov.au; aidan@ourspirit.com.au; johnm@executiveexcellence.com.au; kokoda@arach.net.au; cakidu@online.net.pg; Jason.Clare.MP@aph.gov.au; scott.morrison.mp@aph.gov.au; mruikta@global.net.pg
Subject: RE: RE: Land Ownership dispute – Ofi Creek

Hi Olgera,
The attachment regarding a maintenance contract between KTA and Peter Malik dated August, 2004 may be of interest. It describes the land claimed by Aihi Land Group being in the vicinity of Ua’ule Creek. It certainly does not proceed as far north as Ofi Creek. The payment of the contract sums totalling K1,000 will be found in the KTA MYOB accounts and cheque requisitions in 2004.

Regards ………. Warren Bartlett

15 October 2015: Email from Rod Hillman to Warren Bartlett

From: Rod Hillman [mailto:rod@daltron.com.pg] Sent: Thursday, 15 October 2009 7:09 AM
To: ‘Warren R Bartlett’ Cc: charlie@charlielynn.com.au; vscholz@online.net.pg; robyn.kruk@environment.gov.au; hollway@ozemail.com.au; ‘James Enage’; minouschka.lush@environment.gov.au; ‘Peter Vincent’; kate.bowmaker@environment.gov.au; Chris.Moraitis@dfat.gov.au; aidan@ourspirit.com.au; johnm@executiveexcellence.com.au; kokoda@arach.net.au; cakidu@online.net.pg; Jason.Clare.MP@aph.gov.au; scott.morrison.mp@aph.gov.au; mruikta@global.net.pg
Subject: RE: RE: Land Ownership dispute – Ofi Creek

Warren,
Thank you for the background information and I respect your experience. It matches very closely what I’ve been told. Much appreciated.

Alternatives to resolve the dispute were given to both Mr. Malik and Mr. Buai such as you recommend below with a court solution. That option remains available to either of these people. I have spoken to the President of the LLG,(and KTA Board Member), Mr. Ogi David who has agreed to travel to the area and convene another public meeting to discuss this issue directly with the community. He will have the Ward councilor from Manari Ward and Vesilogo Ward with him.

The KTA will continue to work within PNG established systems to assist in resolving issues such as this and provide a facilitator role in bringing the parties together but not as judge.

I appreciate your sentiment that Mr. Malik’s claim to this campsite is difficult to accept but the PNG courts have made a determination that, on the advice from PNG local level government, is valid. To change that determination will require a court challenge to either the court’s decision in awarding the land ownership or challenging Mr. Malick’s role as chairman of the Aihai land group.

Cheers
Rod Hillman
Chief Executive Kokoda Track Authority PO Box 545, Boroko NCD 111 PAPUA NEW GUINEA rhillman@online.net.pg Tel; + (675) 323 6178 (Direct) Tel; + (675) 323 6165 (Switch)