| Ref: | DCP |
| Title: | Dispute & Complaint Process |
| Date Issued: | 22 December 2008 |
| Status: | CURRENT |
| Version: | 2.0 |
1. Statement of Purpose
1.1 This document complements "Roles and Responsibilities" ("RAR") and relates also to "Investigation and Inquiry Process" ("IIP").
1.2 It will allow all parties to see where the Domain Name Commission ("DNC") will become involved in a complaint or dispute and what process it will employ to try to resolve the situation.
2. Background
2.1 InternetNZ has the ultimate responsibility within New Zealand for the .nz portion of the Domain Name System ("DNS") and has implemented a shared registry system ("SRS") for the management of .nz domain name registrations and the operation of the DNS. InternetNZ has appointed the DNC to manage and administer the .nz domain name space on behalf of InternetNZ.
2.2 A SRS establishes a single register for registering domain names and associated technical and administrative information. .nz Registry Services ("NZRS") operates the register.
2.3 The registration of domain names and modification of information associated with those names on the register can be effected only by authorised registrars.
2.4 Registrars are responsible for managing their relationship with registrants. There is no communication between NZRS and registrants.
3. Principles
3.1 NZRS is a listing service. The .nz DNS operates on a "first come, first served" basis. Any conflict between an applicant or other party and an existing registrant is up to those parties to resolve.
3.2 The DNC will become involved in disputes and complaints where a party believes that an agreement, or any of the .nz policies, has been breached.
3.3 The initial complaint must be laid within 60 days of the date that the issue arose or the incident occurred.
3.4 All disputes and complaints should first be directed to the relevant party, who will be given adequate time to resolve the situation. e.g. Registrant to their registrar, registrar to NZRS, NZRS to the registrar.
3.5 Only after this process, if the complaint is not satisfactorily resolved, should it be presented to the DNC.
3.6 The DNC's investigation of the complaint will be restricted to issues addressed in defined and published agreements and .nz policies.
3.7 The DNC may, in its discretion, refer the complaint to a Government agency where the circumstances warrant this, eg: the Commerce Commission, the Ministry of Consumer Affairs (including the Telecommunications Commissioner), or the Privacy Commissioner.
3.8 Complaints must be made either in writing to the Domain Name Commission, or by fax to +64 4 495 2115 or by email to complaints@dnc.org.nz. Complainants must detail the nature of the complaint and enclose any relevant documentation that supports their complaint. Use of the enclosed Form DCP1 is preferred.
3.9 The complaint will be acknowledged within two working days of receipt. Given that the nature of complaints can vary greatly, no set time can be given for investigating them. However, best endeavours will be made to resolve each complaint promptly.
3.10 Complainants will be updated about progress and will also be informed about when the complaint investigation process is likely to be completed.
3.11 The name of the complainant will be disclosed to all parties involved in the complaint.
3.12 Complaints will be investigated in line with IIP.
3.13 Determinations may include:
3.13.1 That no breach of .nz policies has occurred, or
3.13.2 That a breach has occurred and an apology is called for, but the breach is not sufficient to justify a sanction, or
3.13.3 That a breach has occurred and a sanction will result.
3.14 The DNC will not become involved when a registrant is merely dissatisfied with aspects of the service delivery of their registrar.
3.15 The DNC will not investigate anything regarding the use and/or content of any website, other non .nz services provided by an authorised registrar, (for example, web hosting service), general Internet complaints, or anything relating to a domain name that is not .nz. e.g .com, .au, etc.
3.16 Complaints that are not handled by the DNC can be made to relevant agencies, for example, the Commerce Commission, the Ministry of Consumer Affairs (including the Telecommunications Commissioner), or the Privacy Commissioner.
3.17 There is provision for the appointment of an independent person (appointed by the president or Vice President of the NZ Law Society) to resolve the dispute, with the costs to be equally shared by both parties. This provision is available only after the completion of any investigation, and the final outcome being determined.
4. General Information
4.1 A range of information about .nz policies, the SRS, registrant rights, and domain names in general is publicly available on the Internet. This includes:
4.2 If anyone has any questions regarding this document please email policies@dnc.org.nz.
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