Schedule 3 - Conflicted Names Process
This is the final version of Schedule 3 of the .nz Rules. This schedule came into effect as of 1 November 2022.
Please Note: The new .nz rules and schedules came into affect on 1 November 2022. These replaced the Operations and Procedures Policy and the Principles and Responsibilities Policy.
Check a summary of the most significant changes that will have an impact on registrars and proposed action steps.
1.0. Registration of Domain Names at the Second Level
1.1 In order to avoid confusion the names ‘gov’, ‘government’, ‘com’, ‘edu’, and ‘nic’ cannot be registered at the second level.
1.2 An Equivalent Name was a name at the second level which matched the name registered at the third level (for example, anyname.nz was the Equivalent Name for anyname.co.nz); a Conflicted Name is a name which appears at the third level in more than one second level meeting the criteria in clause 9.1.
1.3 Registrants who were either a councillor of InternetNZ or a director of DNCL or a director of NZRS Limited or a staff member or contractor of any of those three entities, or were from 1 September 2011 to 30 May 2012, qualified for the Conflicted Name process only if the Registrant has a Conflicted Name as at 1 September 2011, that at 1pm 30 September 2014 was registered and whose registration has been continuous.
1.4 The reason there is a different date for eligibility for the Registrants defined in 9.3 is to ensure there is no conflict of interest. 1 September 2011 pre-dates any discussion about a possible change to the .nz registration structure.
2.0. Conflicted Name Process
2.1 Registrants holding a domain name that meets the following criteria can use the Conflicted Name process:
2.1.1 a name registered as at 9.00am 30 May 2012; and
2.1.2 that at 1pm 30 September 2014 was registered and whose registration has been continuous; and
2.1.3 is not subject to clause 9.3; and
2.1.4 the name is conflicted,
2.1.5 by following the process outlined in clause 10.1 to 10.9.
2.1.6 For example, as at the time given, ‘anyname.co.nz’ is not the only domain name for the term ‘anyname’;‘anyname.org.nz’ is also registered. The names ‘anyname.co.nz’ and any other ‘anyname’ registration are conflicted, and Registrants must follow the Conflicted Name process described in clauses 10.1 to 10.9.
2.2 Where there is a Conflicted Name, each Registrant of the Conflicted Name must indicate by 18 October 2017 via a nominated DNCL website that they either:
2.2.1 would like the opportunity to register the Equivalent Name for possible registration as a .nz domain name at the second level; or
2.2.2 do not want to register the Equivalent Name for possible registration as a .nz domain name at the second level, and do not want any other party to register the Equivalent Name as a .nz domain name at the second level; or
2.2.3 do not want to register the Equivalent Name for possible registration as a .nz domain name at the second level, and do not object to another Registrant registering the Equivalent Name as a .nz domain name at the second level.
2.3 If a Registrant of a Conflicted Name did not indicate a preference by 18 October 2017 (clause 2.2) then that Conflicted Name ceased to be a Conflicted Name and has no involvement in the Conflicted Name process.
2.4 Where all Registrants in the Conflicted Name process for the Equivalent Name have indicated the preference of ‘do not want and do not object to another’, as specified in clause 2.2.3, then DNCL will deem the conflict resolved, and the Equivalent Name released for registration on a first come, first served basis at a time determined by DNCL.
2.5 A Registrant of a Conflicted Name may register the Equivalent Name once the conflict is resolved. DNCL will advise the Registrant of the opportunity to register the Equivalent Name. The Registrant will have 2 months from the date of advice to register the Equivalent Name at the second level.
2.6 Where the Registrants of a Conflicted Name have come to an agreement, the Registrants will advise DNCL of the agreement via a nominated DNCL website. DNCL will advise the agreed Registrant of the opportunity to register the Equivalent Name.
2.7 Proof of the consent of the other Registrants may be required as part of the application for registration. Consent will be recorded through a nominated DNCL website. DNCL may make such an inquiry as it thinks necessary to verify that consent has been given to the Registrant by the other Registrants of the Conflicted Name.
2.8 DNCL may decline the Equivalent Name at the second level if the DNCL is satisfied that the consent of any of the Registrants with the Conflicted Name:
2.8.1 has been obtained through a breach of any law; or
2.8.2 is inconsistent with any DNCL policy.
2.9 It is the responsibility of the Registrant with a Conflicted Name seeking registration at the second level to obtain the consent of the other Registrants with the Conflicted Name. DNCL will offer advice and information to the Registrant if required and may also offer the use of a facilitator to assist in the process.
2.10 The Conflicted Names Process is intended for conflicted parties. Where DNCL can demonstrate that the same entity is the Registrant of each of the domain names in the Conflicted Names process DNCL will contact the Registrant to direct them to resolve the conflict within a time specified by DNCL. Failure to resolve the conflict once notified by DNCL may result in DNCL deeming the conflict resolved and the Equivalent Name released for registration on a first come, first served basis.
2.11 For clarification purposes, if a name has been identified as a Conflicted Name and more than one Registrant of the Conflicted Name has expressed an interest in registering the Equivalent Name, then the Registrants of the Conflicted Name are not required to resolve the conflict. The Conflicted Name may remain unavailable for general registration indefinitely unless clause 2.10 applies.
2.12 The Conflicted Names process will be regularly reviewed in line with normal .nz policy development and review processes.