96Making good of damage

### 96 Making good of damage > > (1)  In this section – > > > > > ***consequential damage*** means – > > > > > > > > (a) for [section 78](#GS78@EN) , damage resulting from the actual modification or removal of the relevant obstruction; and > > > > > > > > > (b) for [section 90](#GS90@EN) , damage directly resulting from an action taken in good faith to ensure the immediate safety of persons, or of stock or other animals, on adjoining land; and > > > > > ***relevant works*** means works, including any installation, maintenance or repair of fencing, carried out for the purposes for which a responsible manager, or a person acting on behalf of the responsible manager, accessed adjoining land under [Part 12](#HP12@EN) ; > > > > > ***unsanctioned damage*** means damage, other than consequential damage, that – > > > > > > > > (a) is caused to or in respect of adjoining land as a result of relevant works or accessing land under [Part 12](#HP12@EN) in order to carry out relevant works; or > > > > > > > > > (b) is caused to or in respect of adjoining land as a result of accessing land and clearing an obstruction in accordance with a warrant issued under [section 79](#GS79@EN) . > > > (2)  As soon as practicable after unsanctioned damage has occurred, and the relevant works are completed or obstruction cleared, as the case may be, the responsible manager must – > > > > > > (a) ensure that any unsanctioned damage is made good; or > > > > > > > (b) pay the adjoining landholder fair compensation for that unsanctioned damage. > > > (3)  Any dispute regarding the nature or extent of the responsible manager's obligation under [subsection (2)](#GS96@Gs2@EN) is to be determined by an arbitral tribunal, within the meaning of the [Commercial Arbitration Act 2011](/view/html/inforce/2026-04-12/act-2011-013) , in accordance with that Act.