69NADetermination as to costs

#### 69NA Determination as to costs 69NA Determination as to costs > > (1) This section applies to an arbitrator in the following circumstances— > > > > > (a) as soon as practicable after an interim determination is taken to be a final determination, > > > > > (b) on making a final determination under this Part, > > > > > (c) before terminating an arbitration at the request of the parties. > > > (2) The arbitrator must determine the following— > > > > > (a) if the parties have disputed a payment to cover the landholder’s costs in negotiating the access arrangement, the amount of that payment (in accordance with section 69E), and > > > > > (b) the reasonable costs of the landholder in participating in the mediation and arbitration (in accordance with section 69KC). > > > (3) When determining a payment to cover the reasonable costs of the landholder in participating in the mediation and arbitration, the arbitrator must— > > > > > (a) consider whether or not the landholder has acted unreasonably in the negotiation, mediation or arbitration, and > > > > > (b) deduct an amount that in the opinion of the arbitrator represents the amount by which the unreasonable conduct increased the costs of the negotiation, mediation or arbitration. > > **s 69NA:** Ins 2015 No 41, Sch 2 \[16\].