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Following a decision made in 2005, InternetNZ is implementing a dispute resolution service for .nz domain names based on the Nominet UK system which has been in place for a number of years and is very successful. The dispute resolution service provides an alternative to Court action, giving parties another mechanism to resolve disputes which arise. It should be noted of course that they will have the option at any stage of bringing the matter before the Courts.
The draft policy, which would govern the operation of the dispute resolution service for the .nz domain name space, has been developed and public comment was sought on this draft. Comments were specifically sought on the following:
The proposed fees
The interaction of the Arbitration Act 1996, the Courts and this policy
The way in which we have sought to deal with limitation issues and the transition to this policy
The provision for the Complainant to have an opportunity to provide a reply following any response by the Respondent
Use of without prejudice material
The availability of mediation before, and appeal after, a panel decision.
We were also interested to know of any issues people saw in the policy that may impact on them, or their clients, utilising the service.
A copy of the draft policy is available at:
http://dnc.org.nz/content//draft_DRS_policy.pdf
Public comment on this draft policy consultation closed at midday on Thursday 5 January 2006. Submissions received are published on this page.
Submissions
Submissions received regarding the proposed disputes resolution policy are listed below. They are available in .pdf and (where possible) .txt format.
Leadr NZ - .pdf | .txt
Steven Heath - .pdf | .txt
Disputes Resolution Committee and Electronic Commerce Subcommittee
New Zealand Law Society -
.pdf | .txt
Hon. Sir Ian Barker - .pdf
New Zealand Institute of Patent Attorneys INC & Auckland District Law Society
Law and Technology Committee -
.pdf
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David JA Cairns - .pdf
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Warwick Smith - .pdf
Classifications
.nz policies and procedures: reviews & consultation
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