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

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
http://dnc.org.nz/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