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Draft Policy - Dispute Resolution Service for .nz

Published at 11:17 05 January 2006

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:
    http://dnc.org.nz/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