Policy Consultation - .nz registrations at the second level

 

This is the third and final consultation relating to implementing registrations at the second level in the .nz domain name space.

It follows the decision made on 11 October 2013 by the InternetNZ Council, after a recommendation from Domain Name Commission Limited (DNCL), that .nz domain names should also be able to be registered at the second level.

The two earlier consultation papers were released in:

Though some changes have been made between each consultation process, comments received show the proposed approach has generally been supported, including by some opposed to the overall change but who agreed with the approach taken if second level registrations were implemented.

Comments are now sought on the final proposed policy changes to implement registrations at the second level. This consultation does not extend to a reconsideration of the decision itself, or the substantive policy proposals and approach. There are some slight differences to the version in the second consultation and these are identified later in this paper.

There are two .nz policies that will be significantly affected when the change goes ahead - the Registering, Managing and Cancelling (RMC) Policy and the Dispute Resolution Service (DRS) Policy.

The highlighted sections of the amended policy documents offer detailed information on these proposed changes (see Appendix A and B) and it is these that should be read for a complete understanding.

 

An overview of proposed key changes to the Registering, Managing and Cancelling (RMC) Policy includes:  

Note: All points marked * indicate a change from DNCL's May 2013 consultation paper on .nz registrations directly at the second level.

 

The proposed key change to the Dispute Resolution Service (DRS) Policy is: 

Other minor policy changes that are necessary to support the change include:

DNCL has undertaken to do an awareness campaign around registrations directly at the second level. As one part of this, DNCL proposes to enable the domain name www.anyname.nz prior to the policy's actual 'go-live' date. This site will also be used to facilitate the reservation of .nz domain names at the second level and manage conflicted names.

 

Some FAQs have been developed and can be read at http://dnc.org.nz/faq-registrations-directly-second-level

 

All submissions on this consultation must be received by 5pm, Tuesday 11 March 2014 and will be published on the DNCL website at http://dnc.org.nz/second_level_proposal_c3 as received.

 

Submissions should be made by email to policies@dnc.org.nz or can be faxed to +64 4 495 2115, or posted:

 

Domain Name Commission Limited

PO Box 11-881

Wellington 6142

 

 

 

 

Appendix A

 

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.

 

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

 

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

 

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 audiences for this policy document are Registrars, as it sets out the requirements for operating on the register; and Registrants, as it defines eligibility for registrations at the second level of .nz.  The policy 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, Managing and Cancelling

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 and .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 or reserve 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 the .nz DNS 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 examples of compliant .nz domain names:

4.2.1         ‘anyname.org.nz’ where:

‘.nz’ is the top level, country code fixed for all domains delegated to, and managed by, the DNC. 

‘.org is the listed second level domain chosen by the Registrant.

‘anyname’ is the name at the third level the Registrant has chosen to register.

4.2.2         ‘anyname.nz’ where

‘.nz’ is the top level country code. 

‘anyname’ is the name the Registrant has chosen to register at the second level.

4.3             Sub-domains can be added by the Registrant to any domain name registered at the second or third level.  For example, the domain name could be ‘shop.nz’ and the sub-domain could be ‘anyname’, being in full ‘anyname.shop.nz’.

4.3.1        Except as provided for in clause 4.3.2, sub-domains are outside the scope of .nz 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        .nz policy does not apply to sub-domains except where a complaint may be made about a sub-domain of a .nz domain name registered at the second level if:

(a)  the domain name is a generic term; and

(b)  the addition of the sub-domain has the appearance of being a domain name registered at the third level; and

(c)  the complaint meets the criteria and is in accordance with the procedures set out in the Dispute Resolution Service Policy [link to draft revised DRS].

4.4             Any new name must conform to the relevant Internet standards (such as RFC's 1034, 2181, 5890 and 5891 and any future relevant modifications to those documents) as well as specific .nz policy requirements - otherwise such applications may be automatically declined:

4.4.1         A domain name can consist of only lower case letters (a-z), digits (0-9) and the '-' hyphen.

4.4.2         Internationalised Domain Names (IDNs) are allowed (as specified in RFCs 5890 and 5891), where the characters represented by the IDN are restricted to macronised vowels (ā, ē, ī, ō, ū) in addition to the characters specified in 4.4.1 (an IDN must include at least one macronised vowel).

4.4.3         Domain names must not commence or end with a hyphen, hyphens '--' cannot be the third and fourth characters unless used in a valid IDN (when the domain name must commence ‘xn--’).

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

4.4.5         The maximum length of a domain name (including separators) is 253 characters.

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.

[current clause 4.6 deleted]

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.

5         Second Level Domains

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.  A list of all second level domains is maintained on the DNC website at http://dnc.org.nz/story/all-available-second-level-domains

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 Names2LD”.

5.4             Any eligible Registrant may register a domain name at the third level on a first come, first served basis. 

5.5             For clarification purposes, 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          It has been agreed that .nz domain names should also be able to be registered at the second level. In order to have a smooth transition to the new domain name structure, there will be a nominated opening date for domain name registrations at the second level and there will be Preferential Registration Eligibility for some existing Registrants, as set out in this policy.

6.2             Notification will be posted on the DNC website at least one month prior to the opening date for applications for domain name registrations at the second level.

6.3             Any eligible Registrant may register a domain name at the second level.

6.4             In order to avoid confusion, the names ‘gov’, ‘government’, ‘com’, ‘edu’ and ‘nic’ cannot be registered at the second level.

6.5           For the purposes of clauses 6-10 of this policy, an Equivalent Name is a name at the second level which matches the name registered at the third level (for example, anyname.nz is the Equivalent Name for anyname.co.nz); a Reserved Name is an unregistered name at the second level which has been reserved by the Registrant holding the Equivalent Name; and a Conflicted Name is a name which appears at the third level in more than one second level meeting the criteria in 10.1.

6.6             Registration of names at the second level is on a first come, first served basis other than for names that are eligible for specific processes under this policy as follows: 

a)               A Registrant of an existing .nz domain name that qualifies for Preferential Registration Eligibility (refer clause 8.1) for an Equivalent Name will have preference over other applications for domain name registrations at the second level for that Equivalent Name during the Preferential Registration Period; and

b)               If a domain name is classed as a Conflicted Name (refer clause 10.1) an Equivalent Name at the second level cannot be registered unless the conflict has been resolved.

7          Preferential Registration Period

7.1             The Preferential Registration Period is a 6-month term commencing on the opening date for domain name registrations at the second level, as announced by DNC. 

7.2             During this period a Registrant who qualifies for Preferential Registration Eligibility may apply to register or reserve the Equivalent Name at the second level.

8          Preferential Registration Eligibility

8.1             The following Registrants have Preferential Registration Eligibility:

a)              Registrants with a domain name that was:

i.              registered as at 9.00am 30 May 2012; and

ii.             where there were no other registrations of that name at another second level at this date; and

iii.            that on the opening date for domain name registrations at the second level is still registered and whose registration has been continuous; and

iv.           clause 8.4 does not apply,

              are able to register or reserve the Equivalent Name. 

              For example, as at the time given, ‘anyname.co.nz’ was the only domain name for the term ‘anyname’.  The Registrant of ‘anyname.co.nz’ has Preferential Registration Eligibility and is able to register or reserve ‘anyname.nz’.   

Or

b)               Registrants with a domain name that was:

i.              registered between 9.00am 30 May 2012 and 12.30pm 11 October 2013; and

ii.             where there were no other registrations of that name at another second level between these dates, or before 9.00am 30 May 2012; and

iii.            that on the opening date for domain name registrations at the second level is still registered and whose registration has been continuous; and

iv.           clause 8.4 does not apply,

              are able to register or reserve the Equivalent Name. 

              For example, ‘anyname.org.nz’ was registered between the dates given above, and there are no other domain names for the term ‘anyname’.  The Registrant of ‘anyname.org.nz’ has Preferential Registration Eligibility and is able to register or reserve ‘anyname.nz’. 

Or

c)               Registrants with: 

i.              a name registered as at 9.00am 30 May 2012; and

ii.             that on the opening date for domain name registrations at the second level is still registered and whose registration has been continuous; and

iii.            clause 8.4 does not apply; and

iv.           the name is conflicted (refer to clause 10.1),

will follow the process outlined in clause 10.

              For example, as at the time given, ‘anyname.co.nz’ is not the only domain name for the term ‘anyname’, for example, anyname.org.nz is also registered.  The names ‘anyname.co.nz’ and any other ‘anyname’ registration are conflicted, and Registrants must follow the Conflicted Name process described in clause 10. 

8.2           Registrants that have Preferential Registration Eligibility under clauses 8.1a) and 8.1b) may either:

a)               Register the Equivalent Name as a .nz name at the second level during the Preferential Registration Period, via a Registrar.  The Registrant will be required to provide the Unique Domain Name Authorisation ID (UDAI) for their existing domain name. For example, ‘anyname.nz’ could be registered.

Or

b)               Reserve the Equivalent Name as a .nz name at the second level during the Preferential Registration Period. For example, ‘anyname.nz’ could be reserved.  Reservations of domain names are described in clause 9.

8.3            If neither of the choices in clause 8.2 is exercised before the end of the Preferential Registration Period, then the name is available to be registered by any eligible Registrant on a first come, first served basis.

8.4            Registrants who are either a councillor of Internet New Zealand Incorporated or a director of Domain Name Commission Limited or a director of New Zealand Domain Name Registry Limited (NZRS) or a staff member or contractor of any of those three entities, or were at 1 September 2011, qualify for Preferential Registration Eligibility only if the Registrant has a unique third level domain name or a Conflicted Name as at 1 September 2011, that on the opening date for domain name registrations at the second level is still registered and whose registration has been continuous.

8.5            The reason there is a different date for eligibility for the Registrants defined in 8.4 is to ensure there is no conflict of interest. 1 September 2011 pre-dates any discussion about a possible change to the .nz registration structure.

8.6            Registrars, as part of their responsibility for managing their relationship with Registrants, will contact all affected Registrants and advise those who have Preferential Registration Eligibility and those who hold a Conflicted Name of their options. Registrars who have problems accessing their information should contact DNC for assistance.

8.7            To assist with implementation, a mechanism will be provided to ensure that the eligibility status of names is available to the Registrar, and to the public through WHOIS.

8.8            If inadequate or no contact appears to have been made with Registrants, DNC reserves the right to contact the Registrant and provide them with the relevant information.

9         Procedure where Registrant chooses to reserve a name

9.1            As provided for in clause 8.2b), a Registrant that meets the defined criteria may choose to reserve an Equivalent Name for future registration as a .nz name at the second level. 

9.2            The DNC will administer requests to reserve an Equivalent Name.  These requests must be made through a nominated DNC website, during the Preferential Registration Period. The Registrant is required to provide the UDAI for their existing domain name.

9.3            There is no charge to reserve the Equivalent Name at the second level.

9.4            The existing third level name must remain continuously registered while the Equivalent Name is reserved.  If the third level name is cancelled, goes through the pending release period and is subsequently released, the reservation ceases.

9.5            A name cannot be used (included in the DNS) while it holds reserved status.  In order to use the name the Registrant must complete the registration.

9.6           At any time while a name is reserved, the Registrant of a reserved name can choose to register the reserved name as a .nz name at the second level.  The Registrant applies to a Registrar and provides the UDAI for their existing third level domain name.  At this time, normal domain name registration fees will apply. A new UDAI will be allocated for the registered domain name at the second level.

9.7            Registration of a reserved name should be completed within 2 years of the opening date for domain name registrations at the second level.   If not registered, then the Equivalent Name may be made available to any eligible Registrant on a first come, first served basis.

10            Conflicted Name Process

10.1         A Conflicted Name is a name which appears at the third level in more than one second level, and the names meet the following criteria:

a)               the domain names were registered as at 9.00am 30 May 2012; and

b)               on the opening date for domain name registrations at the second level, the existing domain names are still registered and the registrations have been continuous.

10.2         Where there is a Conflicted Name each Registrant of the Conflicted Name should indicate via a nominated DNC website during the Preferential Registration Period that they either:

a)               would like the opportunity to register the Equivalent Name for possible registration as a .nz name at the second level; or

b)               do not want to register the Equivalent Name for possible registration as a .nz name at the second level but do not want any other party to register the Equivalent Name as a .nz name at the second level; or

c)               do not want to register the Equivalent Name for possible registration as a .nz name at the second level but do not object to another Registrant registering the Equivalent Name as a .nz name at the second level; or

d)               do not want to register the Equivalent Name for possible registration as a .nz name at the second level but would like the Equivalent Name to become a second level domain.

10.3         A Registrant of a Conflicted Name may register the Equivalent Name if the conflict is resolved.  DNC will advise the Registrant of the opportunity to register the Equivalent Name. The Registrant will have 2 months from the date of advice or until the end of the Preferential Registration Period, whichever is the later, to register the Equivalent Name at the second level.

10.4          Where the Registrants of a Conflicted Name have come to an agreement, the Registrants will advise DNC of the agreement via a nominated DNC website.  DNC will advise the agreed Registrant of the opportunity to register the Equivalent Name.

10.5          Proof of the consent of the other Registrants may be required as part of the application for registration.  Consent will be recorded through a nominated DNC website.  DNC may make such inquiry as it thinks necessary to verify that consent has been given to the Registrant by the other Registrants of the Conflicted Name.

10.6          DNC may decline the Equivalent Name at the second level if the DNC is satisfied that the consent of any of the Registrants with the Conflicted Name:

a)               Has been obtained through a breach of any law; or

b)               Is inconsistent with any DNC policy.

10.7        It is the responsibility of the Registrant with a Conflicted Name seeking registration at the second level to obtain the consent of the other Registrants with the Conflicted Name.  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.

10.8          If a Registrant has a Conflicted Name, the Registrant can express an interest to the DNC that the Equivalent of the Conflicted Name becomes a second level domain during the Preferential Registration Period. If the DNC receives an expression of such interest, it will seek the views of all the Registrants with the Conflicted Name to this approach. The consent of all the Registrants of the Conflicted Name and the DNC is required for this approach to proceed. 

10.9          For clarification purposes, if a name has been identified as a Conflicted Name and more than one Registrant of the Conflicted Name has expressed an interest in registering the Equivalent Name, then the Registrants of the Conflicted Name are not required to resolve the conflict within 2 years from the opening date for domain name registrations at the second level. The Conflicted Name may remain unavailable for general registration indefinitely.

10.10       The process for considering registrations of Conflicted Names will be reviewed 2 years after the opening date for domain name registrations at the second level. 

11.       Domain Name Registrations

11.1       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. 

11.2       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. 

11.3       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. 

11.4       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.

11.5       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.

11.6       Delegation is to a ‘domain name manager’, who is deemed to be the one person ‘authoritative’ for making changes to the name. 

11.       Registering Domain Names - Process

12.1       When registering a new domain name the Registrar will supply the following data:

·           Domain Name

·           Name Server List (optional)

·           Registrant Name

·           Registrant Contact Details

·           Registrant Customer ID (optional)

·           Administrative Contact Details

·           Technical Contact Details

·           Billing Term; and, if applicable:

·           DS Record List

12.2       The Registrar may also include his or her own Registrant customer ID to assist with reconciliation/customer management.

12.3       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).

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

12.5       A full copy of the domain name record will be returned to the Registrar as confirmation, including the system-generated UDAI.

12.6       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.

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

12.8       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. 

12.9       A Registrant will not be able to transfer the management of their domain name to another Registrar during the grace period.

12.10     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.

12.11     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. 

12.12     The operating principles for moderated domains are:

Approval for use of the moderated name occurs prior to the Registrar registering the domain name in the register.

NZRS will not be involved in that approval process.

Moderators will either need to establish themselves as a Registrar or set up a relationship with a Registrar(s).

Moderators will be responsible for notifying the DNC and NZRS of their accredited Registrar(s).

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

 

 

NOTE: NO PROPOSED AMENDMENTS TO REMAINDER OF POLICY (APART FROM NUMBERING OF CLAUSES) SO DELETED FOR THIS PAPER

 

Full version of the policy is at http://dnc.org.nz/content/rmc.html.

 

 

 

Appendix B

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/content/drs.html.

 

For the avoidance of doubt, disputes lodged under the current version of the DRS will continue to be processed in accordance with the current policy.

 

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

DISPUTE RESOLUTION SERVICE POLICY

 

1.               Statement of Purpose

 

1.1.           This policy provides an alternative to the Courts in situations where:

 

1.1.1.       Two parties are in dispute over who the registrant of a .nz domain name should be; or

1.1.2.       Two parties are in dispute over the addition of a Sub-domain that is attached to a Domain Name registered directly at the second level and that Domain Name is a Generic Term. 

 

1.2.           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 Domain Name Commission Limited (“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 Term means a word or phrase that is a common name in general public use for a 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;

 

Sub-domain means a name added to a .nz Domain Name by the Registrant. For example, the Domain Name could be ‘shop.nz’ and the sub-domain could be ‘anyname’, being in full ‘anyname.shop.nz’.  In respect of this policy, a sub-domain is categorised as a domain name for the purposes of the policy and procedures.

 

Unfair Registration means a Domain Name which either:

 

i       was registered or otherwise acquired in a manner which, at the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to the Complainant's Rights; OR

ii      has been, or is likely to be, used in a manner which took unfair advantage of or was unfairly detrimental to the Complainant's Rights.

 

 

 

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:

4.1.1    The Complainant has Rights in respect of a name or mark which is identical or similar to the Domain Name; and

4.1.2    The Domain Name, in the hands of the Respondent, is an Unfair Registration.

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

4.3             With the introduction of .nz registrations at the second level, this Policy and Procedure also applies to Respondents when a Complainant asserts to the DNC according to the Procedure, that:

4.3.1            There is a Domain Name registered directly at the second level of .nz and the Domain Name registered is a Generic Term such that the Complainant cannot demonstrate Rights in that Generic Term; and

4.3.2            The Registrant of that name at the second level has added a Sub-domain that has the appearance of being a Domain Name registered at the third level; and

4.3.3            The Complainant has Rights in respect of the name or mark which is identical or similar to the Sub-domain; and

4.3.4            The Sub-domain in the hands of the Respondent, is an Unfair Registration.

4.4             The Complainant is required to prove to the Expert that:

4.4.1            The Complainant has asked the Registrant to stop using the Sub-domain and Domain Name combination in a manner that infringes the Complainant’s Rights; and

4.4.2            The registrant has declined to stop or has not responded to requests; and

4.4.3            The Complainant has Rights in respect of the name or mark which is identical or similar to the Sub-domain; and

4.4.4            The Sub-domain in the hands of the Respondent, is an Unfair Registration.

4.4.5            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.

4.4.6            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;

5.1.1.   Circumstances indicating that the Respondent has registered or otherwise acquired the Domain Name primarily:

(a) for the purposes of selling, renting or otherwise transferring the Domain Name to the Complainant or to a competitor of the Complainant, for valuable consideration in excess of the Respondent's documented out-of-pocket costs directly associated with acquiring or using the Domain Name;

(b) as a blocking registration against a name or mark in which the Complainant has Rights; or

(c) for the purpose of unfairly disrupting the business of the Complainant; or

5.1.2.   Circumstances demonstrating that the Respondent is using the Domain Name in a way which is likely to confuse, mislead or deceive people or businesses into believing that the Domain Name is registered to, operated or authorised by, or otherwise connected with the Complainant;

5.1.3.   The Complainant can demonstrate that the Respondent is engaged in a pattern of registrations where the Respondent is the registrant of domain names (under .nz or otherwise) which correspond to well known names or trade marks in which the Respondent has no apparent rights, and the Domain Name is part of that pattern;

5.1.4.   The Complainant can demonstrate that the Respondent has knowingly given false contact details to a Registrar and/or to the DNC; or

5.1.5.   The Domain Name was registered arising out of a relationship between the Complainant and the Respondent, and the circumstances indicate that it was intended by both the Complainant and the Respondent that the Complainant would be entered in the Register as the Registrant of the Domain Name;

5.2.           Failure on the Respondent's part to use the Domain Name for the purposes of e-mail or a web-site is not in itself evidence that the Domain Name is an Unfair Registration.

5.3.           There shall be a presumption of Unfair Registration if the Complainant proves that the Respondent has been found to have made an Unfair Registration in three (3) or more Dispute Resolution Service cases in the two (2) years before the Complaint was filed. This presumption can be rebutted (see paragraph 6.3).

5.4.           In making their decision, the Expert shall not take into account any evidence of acts or omissions amounting to unfair registration or use which occurred more than three (3) years before the date of the Complaint.

 

 

NOTE: NO PROPOSED AMENDMENTS TO REMAINDER OF POLICY (APART FROM NUMBERING OF CLAUSES) SO DELETED FOR THIS PAPER

Full version of the policy is at http://dnc.org.nz/content/drs.html.