ZONE TRANSFER POLICY

SECTION A - POLICY

1. Statement of Purpose

1.1 This policy sets out the circumstances under which the .nz zone file may be released to third parties not directly involved in the management of the .nz registry and/or the .nz DNS. It also covers the process organisations need to follow if they wish to request the .nz zone file.

1.2 The general policy principle is that the interests and protection of registrants is paramount. The zone file will not be released to third parties unless there is sufficient reason to justify such release in accordance with this policy.

2. Background Information

2.1 InternetNZ has the ultimate responsibility within New Zealand for the .nz domain name space ("DNS"), and maintains a shared registry system ("SRS") for the management of .nz domain name registrations and the operation of the DNS.

2.2 InternetNZ has appointed the Domain Name Commission (“DNC”) to manage and administer the .nz domain name space on behalf of InternetNZ.

2.3 The .nz register is the authoritative record for all .nz domain names. Domain names with the status of "Delegate=YES" are included in a process that populates all appropriate domain names to various domain name servers around the world, enabling internet users to access services utilising the domain names.

2.4 The process of the .nz register updating the various servers is called a zone transfer, with the collective information also referred to as a zone file.

2.5 Information contained in the zone file consists only of the domain name and the details of the servers hosting the domain name.

3. Release of the zone file

3.1 Persons may apply for access to zone files (an “application”). The process for making the application is set out in section B of this document.

3.2 The primary concern in considering applications is to ensure that there is no chance of any adverse effect on any registrant’s privacy, whether directly or indirectly; however, the DNC may also consider any other factors that it considers appropriate in its sole discretion.

3.3 The zone file itself does not contain detail that directly impacts on registrants’ privacy. Rather, it is the ability of parties to use the data for activities which may result in privacy violations that requires a cautious approach to be taken.

3.4 Zone files may be released where it can be demonstrated that an exceptional reason exists and there is a “public good” aspect to the release of the information that outweighs the privacy concerns. “Public good”, for this policy, refers to the benefit of the information obtained by the release of the zone file not being primarily to the benefit of any one person or a limited group of persons.

3.5 For the avoidance of doubt, use of the zone file by registrars to offer additional services to their registrants will not be considered a “public good” and will not be accepted as a reason to release the zone file.

3.6 This policy applies where there is a need for obtaining repeated copies of the data. If there is a requirement for a one-off copy of the information, those requests should be made to the DNC directly at info@dnc.org.nz. Clauses 3.2 - 3.8 of this policy will also be considerations for any one-off requests.

3.7 The DNC may grant an application on whatever conditions it thinks fit, including (but not limited to) requiring the applicant to sign an agreement with the DNC agreeing to conditions of release prior to any information being released. For example, the agreement may:

• 3.7.1 reflect the information provided in the application;

• 3.7.2 bind the applicant to any conditions set;

• 3.7.3 cover their agreement to be bound by the .nz policies; and

• 3.7.4 include sanctions in the event of a breach of the agreement.

3.9 The possible sanctions for a breach of the agreement or this policy may include:

• 3.9.1 directions that the applicant:

• 3.9.1.1 immediately cease receiving the zone file;

• 3.9.1.2 immediately cease publishing the zone file data or information derived from it;

• 3.9.1.3 permanently be banned from receiving zone files. If the applicant is acting on behalf of another person in applying for or receiving the zone file the ban extends to that other person;

• 3.9.2 formal complaints laid with any other appropriate agencies (for example, but not necessarily the Privacy Commissioner);

• 3.9.3 loss of any contracts with InternetNZ, the DNC or associated organisations

4.1 If anyone has any questions regarding this document please email policies@dnc.org.nz

SECTION B - PROCESS

Process for requesting the .nz zone file

1. An application is made to the DNC on form ZTP1.

2. The application must contain sufficient information that it is clear what the information is required for and what the public good would be from releasing the zone file

3. Information required in the application would include, but not be limited to, the following:

• 3.1. The reason for requesting the zone file;

• 3.2. What the applicant will be using the information for;

• 3.3. Why the applicant has to obtain the information from the zone file;

• 3.4. How often the applicant wants to receive the zone file and for what time the zone files will be required, i.e. a single file, up to a specified date or indefinitely;

• 3.5. How long after receipt of the zone file will information from it be publicly released;

• 3.6. What information will be made public;

• 3.7. What "public good" purpose the information will be put to;

• 3.8. If the applicant wants to retain the information and, if so, why;

• 3.9. What measures are in place to protect registrants' rights and information;

• 3.10. What, if any, privacy contracts the staff in the applicant organisation, or any contractors, have signed;

5. The DNC may consult with NZRS.

6. If the application is approved, the applicant must sign an agreement with the DNC, setting out the conditions required by the DNC for access to the zone file.

7. Once the agreement is signed, the DNC will advise NZRS and request that NZRS release the zone file.

FORM ZTP1

APPLICATION FOR RELEASE OF ZONE FILE

Applicant Details

Name of Organsiation:

Trading Name (if applicable):

Contact Person:

Address:

Phone number (business):

Phone number (mobile):

Phone number (after hours):

Email address:

Facsimile:

Nature of Business:

Reason for requesting the zone file:

What will the information be used for?

Why does the information have to be obtained from the zone file?

How often do you require the zone file?

How long after receipt of the zone file will information from it be publicly released?

What information will be made public and in what format?

Define what "public good" purpose the information will be put to:

Do you want to retain the data after using it for the reason specified in this application?

If yes, why?

What measures are in place to protect registrants' rights and information?

What, if any, privacy contracts etc have the staff in your organisation, or any contractors, signed up to?

Any other factors/comments?

Declaration

I, ..............................................................................., of ......................................................................... organisation:

• declare that all the information provided in this application is true and complete
• agree that the DNC can make any inquiries necessary to confirm the nature of my business
• acknowledge that the registrants' rights are paramount and undertake to ensure that my organisation will protect those rights
• agree to be bound by an agreement reflecting this application
• agree to be subject to the .nz policies in respect of any investigation, and accept that sanctions may result from any breach of this agreement.