Consultation on establishing a dispute resolution process for the .nz domain name space

Published on 02 Mar 2005

Published at 09:31 02 March 2005

InternetNZ has previously set up a Working Group to look at dispute resolution processes for .nz domain names. After an evaluation of the options, including previous reports and consultation, the Working Group’s initial view (although not all members of the WG necessarily share this view) is that a dispute resolution process should be established for the .nz domain name space.

Two alternative options have been identified by the Working Group as suitable options for implementing into New Zealand, if a process is to be established. The first is based around the Nominet UK model, which essentially has New Zealand looking after and controlling its own system. The second would be using the WIPO process, and the experts and systems developed by WIPO though with some modifications to reflect the .nz policy environment.

The third option is to maintain the status quo. Parties are able to pursue matters involving .nz domain names through negotiation between the parties with recourse to the New Zealand Courts. It should be noted of course that even if a .nz dispute resolution process is implemented, parties will always have the option at any stage of bringing the matter before the courts. In overseas models, typically, when this happens, the dispute resolution process is suspended.

An overview of the options were included in a consultation paper. Comments were sought on the options provided or any alternatives.

The consultation paper can be read at /content/DRP_consultation_paper.pdf (.txt version)

Public comment on the paper closed at 5pm on Monday 28 February 2005

Submissions

The submissions received on the consultation paper are available below in .pdf and, where possible .txt format.

Domainz Limited - .pdf |.txt

Emirates Team New Zealand - .pdf

Andrew Brown QC - .pdf

Baldwins - .pdf | .txt

Bell Gully - .pdf

Electronic Commerce Committee, New Zealand Law Society - .pdf | .txt

New Zealand Institute of Patent Attorneys - .pdf | .txt

BengeWeb Services, Glenn Benge - .pdf | .txt

AA Guides, Mark Nissen - .pdf | .txt

James Clark on behalf of WebAddress - .pdf | .txt

Garth Piesse - .pdf | .txt

Nominet UK - .pdf | .txt

Richard Shearer on behalf of FreeParking - .pdf | .txt

The International Trademark Association - .pdf | .txt

Brendan McNeill - .pdf | .txt

Kim Thibault on behalf of Maxnet - .pdf | .txt

Peter Belt - .pdf | .txt

 

Draft Policy - Dispute Resolution Service for .nz

Published at 11:17 05 January 2006

Comments are sought on a draft Dispute Resolution Service Policy for the .nz domain name space.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: /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 | .txt

David JA Cairns - .pdf | .txt

Warwick Smith - .pdf