Consultation Paper: Proposed Registration of .nz Domain Names at the Second Level (Round 2)

 

The Domain Name Commission Limited (DNCL) would like your views on a proposal that could significantly change New Zealand’s domain name space. Please read this consultation paper carefully and send us your submissions via the online response form at https://www.research.net/s/dnc_consultation2.

Submissions can also be made by:

All submissions will be published at http://dnc.org.nz/second_level_proposal_c2 as they are received. The closing date for submissions is midday Wednesday 31 July 2013.

 

 

Contents

 

Introduction

Overview of the proposal

Why is the DNCL proposing this change?

What is the impact if the proposal passes?

What is different in this proposal from the last time?

What happens next?

Appendix A – Scenarios – Registrations Before and After Sunrise Period

Appendix B – Proposed amendments to DNCL’s RMC Policy

Appendix C – Proposed amendments to DNCL’s DRS Policy

 

 

 

Section 1 – Introduction

 

DNCL released a consultation paper in May 2012 about allowing the registration of .nz domain names directly at the second level (see: http://dnc.org.nz/second_level_proposal_c1). After examining the 115 submissions received, it was clear that there was no clear consensus as to whether people were for - or against - the proposal. There were 37 submissions in favour of the initial proposal, 72 submissions against, and six submissions that only commented on some of the details.

 

A major concern expressed by some submitters was that existing registrants could feel “forced” to incur extra costs in registering anyname.nz on top of their existing anyname.co.nz name.  DNCL agrees that registrants should not feel pressured to incur costs to register extra names that they may not wish to utilize.

 

To mitigate this issue, DNCL is proposing that existing registrants be able to reserve registration of the equivalent of their current name at the second level (for no cost for at least two years). This name would not be delegated to the DNS, unless the registrant chose at a later date to activate the name.

 

This means that existing registrants would have the choice of gaining and using the anyname.nz version of their name (if it is not conflicted). Alternatively, for those who do not wish to use their name, they could prevent anyone else registering it during the reserve period for free. DNCL believes this modified proposal delivers significant benefits to registrants without disadvantaging those who do not wish to use a name at the second level.

 

There are two DNCL policies that would be significantly affected should the proposal go ahead. You will find marked-up copies of these proposed changes in the accompanying documentation. The two policies are:

 

1 - Registering, Managing, and Cancelling Domain Names (RMC) Policy, which outlines general rules regarding the .nz domain name system and what can or cannot be registered under .nz. The core proposed change to this policy is that registrations would be allowed directly at the second level and that a ‘sunrise period’ would come into effect during any transition period. The sunrise period would apply to those with .nz domain names registered before 9am on 30 May, 2012 (the date the first consultation paper was released). Holders of these domain names would be eligible to apply for a registration at the second level or to reserve the name. Any domain names registered after this date would have to wait until the ‘sunrise period’ ended. The highlighted sections of the amended RMC policy document offers more detailed information on these proposed changes (See Appendix B).

 

2 - DNCL is aware that any change to the registration model could raise potential issues over .nz domain names and cause confusion, particularly around people currently being aware of the three levels of .nz domain names. To mitigate this we are also proposing to amend the Dispute Resolution Service (DRS) Policy, which covers the procedures for complaints about the registration of .nz domain names. The proposed key change to this policy is that DNCL could consider disputes over some sub-domains linked to generic .nz domain names. More detailed information on this can be found in the highlighted parts of the amended DRS policy document (See Appendix C).

 

We now seek public feedback on this revised proposal.

 

Section 2 – Overview of the proposal

 

 

Section 3 – Why is DNCL proposing this change?

Responsibility -
DNCL is tasked to serve the local Internet community by managing the  .nz top level domain for the benefit of registrants. DNCL is not convinced that continuing to deny registrants the ability to register a domain name directly under .nz is in the best interests of the local Internet community and .nz registrants.

We acknowledge that this proposal could cause confusion in the short-term, but we also believe it could improve the .nz domain name space in the long-term. This is because it would offer consumers more registration options and introduce a format to .nz that is common with many other country-code top level domains (ccTLDs) and all generic-top level domains (gTLDs), such as .com. However, we also acknowledge that there are concerns with the proposed change. Ultimately, DNCL has no final view on whether this proposal should go ahead or not and is soliciting feedback on this revised proposal.

Greater choice - Currently, .nz domain names can only be registered in the following categories:


.ac.nz

.co.nz

.cri.nz*

.geek.nz

.govt.nz*

.health.nz*

.iwi.nz*

.kiwi.nz

.maori.nz

.gen.nz

.net.nz

.org.nz

.parliament.nz*

.school.nz

.mil.nz*

 

* indicates a moderated domain

Permitting registrations directly at the second level would allow greater choice for .nz domain name holders because they would no longer have to fit within pre-determined second level domain categories, though they could continue to register under the current structure. This could make for more suitable, unique and representative domain names. Conversely, though, permitting registrations directly at the second level could cause confusion within the .nz domain name landscape, particularly in the short term.

Many domain names, especially for personal use, do not easily fit into one category and the low level of registrations in gen.nz indicates this is not seen as a desirable option. DNCL is concerned that registrants are being forced to choose a 2LD when there is no technical reason to force them to do so.

New Zealand’s support - Research shows that there is support for allowing registrations directly at the second level. While in 2003 only 25% of New Zealanders showed a preference for being able to register domain names directly at the second level, in a 2011 survey 59% of registrants said they prefer myname.nz. In this study, only 31% said they preferred myname.co.nz.

Lastly, in a 2012 study that exclusively targeted business owners, 59% said they supported a change that would allow them to register domain names directly at the second level, with only 14% opposed. In this same study, 41% of businesses also said they would use a anyname.nz name in preference to their current domain if they were able to, while 39% said they would stick with their current domain. That suggests that around 200,000 businesses would remain unable to register the name they would prefer, if there is no change to the policy.

Ongoing relevance - On both a domestic and international level, the Domain Name System (DNS) is constantly changing. In 1989, when it was decided to base the .nz structure on the .uk structure there were relatively few top level domains that allowed registrations at the second level – just the then seven generic top level domains. Since then, many country code top-level domains have changed their policies to allow registrations directly at the second level. In addition to that, there will soon be somewhere between 1,500 and 2,000 generic top-level domains that will all have registrations at the second level.  Against this backdrop of change, DNCL wants to know whether the public thinks this proposal would make the .nz domain name space more relevant for the future, or less so.

 

Section 4 – What is the impact if the proposal passes?

Future .nz domain name holders - For those looking to register a .nz domain name in the future there would be no change, except they would have more choice. Whether they choose to register within an existing 2LD (such as .co.nz) or directly at the second level would be their decision.

.nz domain name holders who registered after 9am on Wednesday 30, May, 2012 -For those who registered their domain name after this date (the day the first consultation paper was released), being able to register that domain name directly at the second level would happen on a first-come, first-serve basis following the ‘sunrise period’. For detailed information on this refer to the amended RMC policy document and the examples outlined in Appendix A.

.nz domain name holders who registered before 9am on Wednesday 30, May, 2012 - Those who registered their.nz domain name before this date would have the option to apply to register it directly at the second level. Should these domain name holders be unsure as to whether they want to register the name straight away, they have the right to reserve it for two years at no cost.

Should two or more registrants have the same domain name at the third level they will be considered ‘Competing Registrants’. An example of competing registrants would be where one registrant had the domain name transportsolutions.co.nz and a separate registrant had transportsolutions.org.nz. DNCL has taken a consent-based approach to resolving the issue of competing registrants. For detailed information on this process refer to the amended RMC policy documents (Appendix B).

Internal DNCL research finds that, as of May 30, 2012:

 

Section 5 - What is different in this proposal from the last time?

Based on comments in the first round of submissions, DNCL has made some changes to the proposal. A summary of the key changes that have been made since the first round include:

 

 Section 6 – What happens next?

If this proposal goes ahead, it will change New Zealand’s DNS and affect those who have – or who want to get – .nz domain names.

If it does proceed, two aspects of the proposal (the ability to reserve the anyname.nz version of your current registration for no cost, and the extension of the DRS to sub-domains) are proposed to be reviewed between the second and third anniversary of this policy being implemented.

DNCL intends to take an evidence based approach to whether or not to extend those temporary aspects for a longer period of time. By this, we mean that we will look at how widely used the two provisions have been. If a large number of registrants choose to reserve the anyname.nz version of their current name for no cost, rather than pay to be able to actually utilise it, then we would expect to continue the service. Conversely if after two years few registrants have used the service, then an extension is less likely.

DNCL hasn’t a fixed view on whether the proposed changes should go ahead or not. However, we do believe there is value in the proposal because it has the potential to make the .nz domain name space more relevant in the future. As such, it is our duty to consider it.

We encourage you to consider these issues carefully and to tell us your opinion through the submission process. The greater range of opinions we receive, the better.  When all submissions are received, DNCL’s Board will consider the next course of action.

 

APPENDIX A

REGISTRATIONS BEFORE AND AFTER SUNRISE PERIOD

 

#

Period prior to release of consultation paper (up to 9am, 30 May 2012)

Consultation Period and after
(From 30 May 2012)

Sunrise Period
(dates to be determined if change proceeds)

Policy in effect
(date to be determined if change proceeds)

Result

1

Dave registers anyname.co.nz

 

Dave applies to register or reserve anyname.nz

 

Dave application for anyname.nz is granted.

2

 

Sarah registers anyname.co.nz

Sarah applies to register  anyname.nz

 

Sarah’s application for anyname.nz is declined.  Only people with third level registrations made prior to the consultation period can take advantage of the Sunrise Period.

3

 

 

 

Michael applies to register anyname.nz

Michael’s application for anyname.nz is granted.

4

Dave registers anyname.co.nz
Later, Michael registers anyname.org.nz
Later, Sarah registers anyname.geek.nz

 

Dave applies to register  anyname.nz

 

Dave’s application for anyname.nz will only be granted if he can get Michael’s and Sarah’s consent.

5

Dave registers anyname.co.nz

Sarah registers anyname.geek.nz

Dave applies to register or reserve anyname.nz

 

Dave’s application for anyname.nz is granted. He does not need Sarah’s consent because her third level registration was during the consultation period.

6

Dave registers anyname.co.nz

 

Sarah registers anyname.geek.nz
Later, Dave applies to register or reserve anyname.nz

 

Dave’s application for anyname.nz is granted. He does not need Sarah’s consent because her third level registration was during the Sunrise Period.

7

Dave registers anyname.co.nz

Michael registers  anyname.org.nz

Sarah registers anyname.geek.nz

Michael applies to register anyname.nz

Michael’s application for anyname.nz is successful.  Dave could have taken advantage of the Sunrise Period, but did not.

8

Dave registers anyname.co.nz

 

 

Sarah registers anyname.geek.nz
Later, Dave applies to register anyname.nz

Dave’s application is granted on a “first come, first served” basis and does not need Sarah’s consent.

9

Dave registers anyname.co.nz

 

 

Sarah applies to register anyname.nz at the ‘same’ time as Dave applies for the name.

Result depends on the timestamp of the registry – the application to be processed first at the registry is the successful registration.

 

 

 

 

 

 

 

APPENDIX B

REGISTERING, MANAGING, AND CANCELLING DOMAIN NAMES

.nz Domain Name Commission  

This is a document proposing policy changes that are being consulted on. The active Registering, Managing and Cancelling Domain Names Policy can be seen at http://dnc.org.nz/content/rmc.html.

Sections additional to the current policy, or where a change is proposed, are marked in purple and italicised.

 

REGISTERING, MANAGING, AND CANCELLING DOMAIN NAMES

1. Statement of Purpose

1.1 This document sets out the general rules regarding the .nz domain name space ("DNS") including the data required on the register and the general business processes that require implementation.

1.2 Though this will be of interest to all parties, the primary audience for this policy document is registrars, as it will set out the requirements for operating on the register. This includes the data required, validation rules for the shared registry system ("SRS"), and options that are available.

2. Background

2.1 InternetNZ has the ultimate responsibility within New Zealand for the .nz DNS, and has implemented a SRS for the management of .nz domain name registrations and the operation of the DNS. InternetNZ has appointed the Domain Name Commission ("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 SRS registry

2.3 The registration of domain names and modification of information associated with that name 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 - Registering, Cancelling, Managing

3.1 The register 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 Registering a domain name is akin to obtaining a licence. As long as the domain name is kept current, the registrant can continue to use that domain name. Domain names are not able to be "owned" by any party.

3.3 Registrars will operate in a way that reflects the established standards and practices. They are to ensure they act in good faith and maintain .nz policies relating to the .nz DNS. They are not to collude with other registrars in setting pricing structures.

3.4 Registrars will behave ethically and honestly and will abide by all agreements, .nz policies relating to the .nz DNS.

3.5 Registrars are permitted to register domain names on their own behalf where they are/will be using that domain name. They are not permitted to register domain names on their own behalf for speculative purposes, or where that registration will prevent any other legitimate domain name registration.

3.6 Registrars will only register a domain name at the request of the domain name registrant, and where the registrant has agreed to the registrar's Terms and Conditions.

3.7 Registrants will be identifiable individuals over 18 years of age or properly constituted organisations.

3.8 The registrant will retain control of their domain name. Registrants must be able to choose the registrar they wish to use to maintain the domain name. The registrar will not operate in such a way that the registrant is locked-in, or such that their actions could make the registrant reasonably believe that they are locked-in.

3.9 Registrars have direct unmediated access to the portions of the register that have regard to their customers. They are responsible for their actions within that part of the register.

4. Structure of a .nz Domain Name

4.1 Domain names in .nz can be registered at either the second or the third level.

4.2 Each complete name must be unique and comprise at least two levels, with each level separated by a period (.). The following are compliant .nz domain names:

4.2.1 domain.org.nz: “.nz” is the top level, country code; “.org” is the second level domain of the Registrant’s choice, and “domain” is the name the registrant has chosen to register.

4.2.2 domain.nz: “.nz” is the top level country code and “domain” is the name the registrant has chosen to register at the second level.

4.3 Sub-domains can be added to any .nz domain name by the registrant:

4.3.1 Sub domains of .nz domains registered at the third level are outside the scope of InternetNZ policy and are the responsibility of the registrant. They are expected to be in the spirit of RFC1591 and meet the standards defined in clause 4.4.

4.3.2 Sub-domains of .nz domains registered at the second level are also outside the scope of InternetNZ policy, with the exception of sub-domains that are subject to clauses 4.3 and 4.4 of the Dispute Resolution Service Policy.

4.4 Any new name must conform to the relevant Internet standards (in particular RFC's 1034 and 2181) as well as specific .nz policy requirements - otherwise such applications may be automatically declined:

4.4.1 A domain name can consist of only roman alphabet characters (letters), ā, ē, ī, ō, ū, digits and the '-' hyphen.

4.4.2 The maximum length of each name element (called a label) is 63 characters.

4.4.3 The maximum length of a domain name (inc separators) is 255 characters.

4.4.4 Domain names must commence and end with a letter or a digit; interior characters of domain names may be letters, digits or the hyphen character; no other characters may be used; names are case insensitive.

4.4.5 Domain names must conform to a supported encoding scheme.

4.5 Name server data is not required for a domain name to be registered. If valid name server data is provided it will be published in the DNS when delegation is requested..

4.6 Name server data will be validated when provided to ensure that it meets minimum technical and operational criteria to ensure the security, stability and resilience of the DNS.

4.7 Name server data may be revalidated at any time and may be removed from the DNS should the technical and operational criteria not be met.

[current clause 4.6 deleted]

5. Second Level Domain Names

5.1 The current second level domains are: .ac.nz, .co.nz, .cri.nz, .geek.nz, .gen.nz, .govt.nz, .health.nz, .iwi.nz, .kiwi.nz, .maori.nz, .mil.nz, .net.nz, .org.nz, .parliament.nz and .school.nz.

5.2 Of these, .cri.nz, .govt.nz, health.nz, .iwi.nz, .mil.nz and .parliament.nz are moderated.

5.3 For more information please refer to the policy document "Second Level Domain Names" "2LD".

5.4 These second level domains remain available for new domain name registrations and are not the same as Domain Name Registrations at the Second Level as detailed in Clause 6.

6. Domain Name Registrations at the Second Level

6.1 From X date, .nz domain names can be registered at the second level. Registrations will initially be through a sunrise period for applicable registrants, as outlined in clause 7. Following the sunrise period, open registrations will be available from XXX date.

6.2 Any entity meeting the requirements of clause 3.7 may register a domain name at the second level.

6.3 Registration of names at the second level is on a “first come, first served” basis (see clause 3.1), with the exception of the Sunrise Period under clause 7. Registration is governed by clauses 8 and 9 below.

6.4 The names ‘.gov’, ‘.government’, and ‘.com’ cannot be registered at the second level. This is to avoid confusion with the existing .nz second level domains .govt.nz and .co.nz.

6.5 Clauses 6.2 to 6.4 come into force on XXX [date policy will come into force as they apply to the sunrise period also].

7. Domain Name Registrations at the Second Level

7.1 Only registrants with .nz domain names registered as at 9.00am on 30 May 2012, the date the first consultation paper was released, are able to apply for a registration at the second level during the sunrise period. These registrants are able to apply for their equivalent name at the second level between xxx [start of the sunrise period] and XXX [expiry of the sunrise period].

7.2 In the case where the registrant of a .nz domain name is (or was at the time the first consultation paper was released) a councillor of InternetNZ, a director of Domain Name Commission Limited, a director of New Zealand Domain Name Registry Ltd (NZRS) or a staff member or contractor of any of those three entities, a different date will apply for names to be eligible under the sunrise period. Only names registered to those people prior to 1 September 2011 will be eligible for sunrise period registration. This date pre-dates any discussion about a possible change to the .nz registration structure.

7.3 For the purposes of clauses 7.6 to 7.8, domain names registered at the third level between 30 May 2012 [date first consultation paper released] and XXX [expiry of the sunrise period] will be disregarded. This clause therefore applies only to .nz domain names registered prior to 9.00am on 30 May 2012.

7.4 To assist with the implementation of this clause, a list of all .nz domain names registered at 9.00am on 30 May 2012, and still registered when the list is produced, [date first consultation paper released] will be prepared by DNCL and distributed to the relevant registrar.

7.5 For the avoidance of doubt, all registrations remain valid and are not changed by any amendments to this policy.

7.6 Between XXX [date policy comes into force] and XXX [expiry of the sunrise period] only persons with an active .nz domain name meeting clause 7.1 may apply for a second level domain name.

7.7 Where only one registrant has registered a particular domain name at the third level, the following process applies:

7.7.1 applications can be made from XXX [date policy comes into force] until XXX [expiry of the sunrise period]; (Note: the sunrise period will be a 4-6 month period).

7.7.2 applications must be made on the DNC website [link];

7.7.3 applications will be collected and processed as they are received;

7.7.4 the following technical provisions will apply:

7.7.4.1 an initial registration term of one month will be placed on all names registered during the sunrise period and the information recorded will reflect the details of the existing third level registrations;

7.7.4.2 all names will initially be registered under the Domain Name Commission Registrar ID. This will be undertaken by NZRS on the request of the DNC;

7.7.4.3 UDAIs for the domain names registered will be emailed out to the registrant email address and the registrant advised they need to use that UDAI to transfer the domain name to their own registrar within the one month period. The registrar for the third level name will also be advised so they can follow up with the registrant and ensure the transfer is completed;

7.7.4.4 any names not transferred away from the DNC Registrar at the end of the initial one month registration period will be cancelled;

7.7.4.5 there will be no charge to the registrant for this initial one month period. They will be required to pay any costs to transfer and renew the newly registered name with their registrar;

7.7.4.6 registrants will be advised of any issues relating to applications received and, where practicable, given an opportunity to resolve them prior to the completion of the sunrise period on X date.

7.8 Instead of the registration process prescribed above in clause 7.7, the registrant of a particular name, meeting the requirements of clauses 7.6 and 7.7, may choose instead to ‘reserve’ the name rather than register it. In this situation the following applies:

7.8.1 Requests for reserving the name will be made and processed as per clause 7.7 above with the only difference being that no name servers will be included in the registry record;

7.8.2 No charge will be made by the registry for reserved names;

7.8.3 At any time the registrant of a reserved name can choose to activate the name by adding name servers and delegating the domain name to the .nz zone file. At this time, normal domain name registration fees will apply;

7.8.4 Names reserved under this clause can remain in this state for up to two years after the expiry of the sunrise period as long as the registration of the original domain name remains active. At this time all registrants with reserved names will be contacted and given 3 months to activate their registration or the reserved registration will lapse and the name become available for general registration.

7.9 Where different registrants have the same domain name at the third level but different second level registration (Competing Registrants1) the following process applies:

7.9.1 Registrants will be contacted by their registrars (or by the DNC if no contact appears to have been made) advising them of the conflict and the steps they need to take if they wish to register their name at the second level.

7.9.2 Any competing registrant may apply to register their name at the second level but a registration will only occur when all competing registrants of that name agree on who can register the second level name.

7.9.3 It is the responsibility of the competing registrant seeking the second level registration to obtain the consent of the other competing registrants of that name. The DNC may make such inquiry as it thinks necessary to verify that consent has been given. The DNC will offer advice and information to the registrant if required and may also offer the use of a mediator to assist in the process.

7.9.4 Proof of the consent of other registrants will be required as part of the application for registration. Such applications are to be made through the DNC website at [link].

7.9.5 The DNC may decline to register the third level name at second level if the DNC is satisfied that the competing registrant’s consent:

7.9.5.1 has been obtained through a breach of any law; or

7.9.5.2 is inconsistent with any DNC policy.

7.9.7 This clause 7.9 and the process outlined will remain in practice beyond the end of the sunrise period so registrations under this do not need to be completed by XXX date. The process will be reviewed in XXX [date policy comes into effect plus 2 years].

7.9.8 A domain name ceases to fit within the criteria of this clause 7.9 if registrations lapse leaving only one registrant of a particular name. If that situation occurs, the remaining registrant will have two months to register their domain name at the second level, in accordance with clause 7.7, before the name is available for general registration, or until the completion of the sunrise period if this occurs during that.

7.9.9 In lieu of seeking a registration of their domain name at the second level, registrants are able to express an interest that the domain name becomes an open second level domain, like those listed in clause 5.1 instead. If interest is expressed in this approach, the DNC will follow up with all competing registrants of that name. It will require the consent of all competing registrants of that name to agree.

8. Domain Name Registrations

8.1 If there is conflict between an applicant for a new listing and the holder of an existing name, it is for those parties to resolve the conflict. Any resulting change in registration details of the existing name must be mutually agreed between the parties.

8.2 The DNC has no role in deciding whether an applicant has a legitimate right to the name. The applicant, in lodging the request for the name warrants that it is entitled to register the name as requested.

8.3 Applicants who misrepresent their entitlement to register or use a name are warned that this may result in action from others who claim rights to the name. If the DNC, or any of their agents, officers, or employees incur costs through involvement in disputes over names, any applicant for, or registrant of, a name which is subject to a dispute will be liable for those costs.

8.4 A listing may be cancelled at any stage where the registrant does not comply with these requirements or fails to meet any fees or other liabilities in connection with the registration or use of the domain name.

8.5 Names are delegated to specific registrants and delegation confers no rights on the registrant. It does not mean that the registrant has any rights to be associated with that name, nor to use or publish the name for any purpose. InternetNZ does not trade in, or license any entity to trade in, domain names.

8.6 Delegation is to a "3LD manager", who is deemed to be the one person "authoritative" for making changes to the name.

9. Registering Domain Names - Process

9.1 When registering a new domain name the registrar will supply the following data:

9.2 The registrar may also include his or her own registrant customer ID to assist with reconciliation/customer management.

9.3 The registrar will apply a basic level of validation to ensure that the domain name is available, that mandatory fields have been supplied, and that relevant fields have valid formats (e.g. domain name format, e-mail address format).

9.4 When a domain name is a moderated 2LD name, the system will ensure that the registrar is authorised to register it.

9.5 A full copy of the domain name record will be returned to the registrar as confirmation, including the system-generated Unique Domain Authentication ID ("UDAI").

9.6 The registrar will pass the details of the registration on to the registrant. The UDAI must also be sent out to registrants at this time. If a registrar has an automated system for generating a UDAI, they can either provide the UDAI or may provide the registrant with directions and a link for the registrant to generate their own. The UDAI must also be provided to registrants on request.

9.7 A grace period of five days will be provided following a new registration to enable registrars to cancel the registration.

9.8 Where the domain name is cancelled during the grace period it will be removed from the register. The registration and cancellation will still be recorded for audit purposes. The same registrar is able to re-register the same domain name but it is not able to be cancelled for a second time within one month of the initial registration.

9.9 A registrant will not be able to transfer the management of their domain name to another registrar during the grace period.

9.10 The registration grace period will be a fixed system parameter that will be modifiable by NZRS. Notice of any change to this period will be notified at least one month in advance.

9.11 The registrar must identify the full billing term and ensure they pay the full amount to NZRS. If the registration is for a significant term, eg 10 years, the billing term can be set from 1 - 120 months. Registrars are able to register for an initial period until they have received the monies from the registrant, as long as they specify this approach in their terms and conditions and update the domain name billing term as soon as those monies are received.

9.12 The operating principles for moderated domains are:

9.13 For information on 2LDs please refer to "Second Level Domains" (2LD) policy document.

 

1 For example anyname.co.nz is licensed by Registrant A and anyname.net.nz is licensed by Registrant B.

 

NOTE: NO PROPOSED AMENDMENTS TO REMAINDER OF POLICY SO DELETED FOR THIS PAPER
Full version of the policy is at http://dnc.org.nz/content/rmc.html.







APPENDIX C

DISPUTE RESOLUTION SERVICE POLICY


.nz Domain Name Commission  

This is a document proposing policy changes that are being consulted on.  The active Dispute Resolution Service Policy can be seen at http://dnc.org.nz/story/policy.

Sections additional to the current policy, or where a change is proposed, are marked in purple and italicised.

 

DISPUTE RESOLUTION SERVICE POLICY

1. Statement of Purpose

1.1. This policy provides an alternative to the Courts in situations where two Parties are in dispute over who the Registrant of a .nz domain name should be. Part A defines the policy and Part B the procedure supporting the policy.


2. Background

2.1 InternetNZ has the ultimate responsibility within New Zealand for the .nz domain name space, and maintains a shared registry system (SRS) for the management of .nz domain name registrations. InternetNZ has appointed the Domain Name Commission ("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 that name on the register can be effected only by authorised Registrars. Registrars are responsible for the information they collect.

2.4 Neither Registrars nor the DNC get involved in disputes regarding who the true Registrant of a domain name should be, but will undertake actions as directed either by the Courts or by the Experts under this policy.

2.5 This policy is one of the .nz policies that, as amended from time to time, all .nz Registrants agree to be bound by when registering or renewing a .nz domain name.

2.6 Thanks go to Nominet UK for their assistance in establishing the .nz Dispute Resolution Service.


3. Definitions

Appeal Panel means a panel appointed by the DNC under paragraph B17.7;

Complainant means a third party who asserts to the DNC the elements set out in paragraph 4 of this Policy and according to the Procedure, or, if there are multiple Complainants, the 'Lead Complainant' (see Procedure, paragraph B2.2);

Complaint means a Complaint submitted to the DNC by a Complainant under paragraph B2;

Commencement of Dispute Resolution Service proceedings means the earliest date upon which the Complaint is deemed to have been received by the Respondent in accordance with paragraph B1.5;

Conclusion of Dispute Resolution Service proceedings means the date on which the Parties are notified of a Decision or the date on which the Parties settle the dispute;

Days means, unless otherwise stated, any calendar day other than Saturday, Sunday or any public holiday in New Zealand;

Decision means the Decision reached by an Expert and where applicable includes Decisions of an Appeal Panel;

Dispute Resolution Service means the service provided by the DNC according to this Policy and the Procedure;

Domain Name means a domain name registered in the .nz register;

Domain Name Commission means Domain Name Commission Limited, a company wholly-owned by InternetNZ, responsible for the day to day oversight of the .nz domain name registration and management system;

Domain Name Hijacking means using the Policy in bad faith in an attempt to deprive a registered domain-name holder of a domain name;

DNC means the Domain Name Commission;

Expert means a person appointed to resolve a Domain Name Dispute under paragraphs B7 or B17 of the Procedure;

Generic Word means a word or phrase that describes a class of product, service, profession, place or thing. For example: .toy; .shop; .cleaner; .lawyers; .Wellington; .sparkling-wine;

Informal Mediation means impartial mediation which is conducted under paragraph B6 to facilitate an acceptable resolution to the dispute;

ISP means an internet service provider;

InternetNZ means Internet New Zealand Incorporated, the organisation ultimately responsible for the .nz domain name space;

Mediator means a person appointed to mediate a Domain Name Dispute under paragraph B6 of the Procedure;

NZRS means New Zealand Domain Name Registry Limited, trading as .nz Registry Services, the body which operates and manages the Register;

Party means a Complainant or Respondent and Parties has a corresponding meaning;

Policy means this Policy;

Procedure means the Procedure under this Policy for the conduct of proceedings under the Dispute Resolution Service;

Register means the authoritative database and record of .nz domain names managed and operated by NZRS;

Registrant means the entity entered in the Register as Registrant in respect of the domain name;

Registrar means the entity entered in the Register as Registrar in respect of the domain name;

Reply means a submission made to the DNC by a Complainant under paragraph B5;

Respondent means the entity in whose name or on whose behalf a Domain Name is registered and against whom the Complainant makes a Complaint;

Response means a submission made to the DNC by a Respondent under paragraph B4;

Rights includes, but is not limited to, rights enforceable under New Zealand law. However, a Complainant will be unable to rely on rights in a name or term which is wholly descriptive of the Complainant's business;

Unfair Registration means a Domain Name which either:



PART A - POLICY


4. Dispute Resolution Service

4.1 This Policy and Procedure applies to Respondents when a Complainant asserts to the DNC according to the Procedure, that:

4.2 The Complainant is required to prove to the Expert that both elements are present on the balance of probabilities.

4.2 The Complainant is required to prove to the Expert that both elements are present on the balance of probabilities.

4.3 From X date, a Complainant may make a Complaint where:

4.3.4 the Complainant asserts Rights in the name at the third level in accordance with clause 4.1 above.

4.4 When making a Complaint under clause 4.3:

4.4.2 The only remedy that will be granted is an order demanding the deletion of the applicable third level sub-domain, and that the name not be reinstated at any time.

4.4.3 Should the Registrant not delete the sub-domain after an order to do so, or should it be reinstated at any time, the Domain Name will be removed from the DNS so the name will not resolve. The Domain Name will only be reinstated to the DNS when the Domain Name Commission is satisfied that the Expert’s order has been complied with.

4.5 The ability to file a complaint under clause 4.3 will be reviewed after 2 years of operation of the policy with the review completed, and a decision made on whether this provision will remain, before the end of that third year of operation.

4.6 The DNC recommends that both Parties use the guidance and help information, which can be found on the DNC website.


5. Evidence of Unfair Registration

5.1. A non-exhaustive list of factors which may be evidence that the Domain Name is an Unfair Registration is set out in paragraphs 5.1.1 - 5.1.5:

 

NOTE: NO PROPOSED AMENDMENTS TO REMAINDER OF POLICY SO DELETED FOR THIS PAPER
Full version of the policy is at http://dnc.org.nz/story/policy