| Ref: | IIP |
| Title: | Investigations and Inquiries |
| Date Issued: | 22 December 2008 |
| Status: | Current |
| Version: | 2.0 |
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1.1 This process complements the "Disputes and Complaints Process" ("DCP") and explains the detail of the investigation that will be undertaken should the complaint reach the Domain Name Commission ("DNC").
1.2 It also considers possible outcomes and sanctions.
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 relationships with registrants. There is no communication between NZRS and registrants.
2.5 The DNC will become involved in disputes and complaints where a party believes that there has been a breach of a defined and published agreement or .nz policy.
3. Process
3.1 The Investigation and Inquiry Process is initiated:
3.1.1 By submitting a written complaint to the DNC; or
3.1.2 As a result of checks and audits carried out by the NZRS undertaken on behalf of the DNC; or
3.1.3 By the DNC, on its own initiative.
3.2 All parties involved in the complaint will be contacted and given an opportunity to respond to the matter.
3.3 All parties will be informed of how the investigation was initiated, including the name(s) of any complainant(s).
3.4 Parties will be required to approve the DNC undertaking any inquiries as necessary to complete the investigation.
3.5 At the completion of the investigation, a draft report will be sent out to the parties for comment.
3.6 After considering the comments the DNC will produce a final report and a recommended outcome or penalty.
3.7 Parties will have an opportunity to comment on the recommended outcome or penalty.
3.8 The final determination will be made by the DNC. The determination will be communicated to the complainant via email.
3.9 Alternatively, there is provision for a matter to be referred to an independent person (to be appointed by the President or Vice President of the New Zealand Law Society) with the costs to be equally shared by both parties.
3.10 There will be no set timeframe for completing any investigation as each complaint will vary according to complexity. However, best endeavours will be made to complete each investigation promptly. Updates will be given on progress and on a possible timeframe for completion.
3.11 Recommendations will be made in line with the nature of the investigation. Possible outcomes may include, without limitation, one or more of the following:
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