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].