How to submit a complaint

You are here because you want to bypass Online Dispute Resolution (mediation), or mediation was unsuccessful for your domain name dispute, and you want an Expert to make a decision on the dispute. There are three communication steps in the dispute resolution process: a complaint, a response, and a reply. You are on the complaint page.

Before submitting a complaint

Before you submit a complaint you need to be prepared to pay the Expert Determination fees. Information about Expert Determination can be found here: Expert Determination Information. 

When your dispute is referred to an Expert, they’ll determine the outcome using the information you provide in the complaint, and any documents you supply to support your case. The Expert bases their decision on two important factors:

• whether you have rights to a name that is identical or similar to the domain name in dispute
• whether the registration of the domain name by the current registrant is unfair.

To succeed, you must prove that ‘on the balance of probabilities, both factors are present.

Review our Dispute Resolution Service Policy which has information on other items to discuss (see paragraph 6). It also gives definitions of terms such as ‘rights in a name" and ‘unfair registration’. Click here to view our policy: Dispute Resolution Service Policy.

Write your argument, which can be up to 2,000 words. We recommend you write your argument first in a Word document or another text editor, and save it. You cannot save your complaint as you go - you need to complete your application in one session. 

Gather supporting documents, such as:

• letterhead and advertising material showing your use of the name
• birth or marriage certificates for personal names
• trademarks or designs registered with the Intellectual Property Office of New Zealand or the Companies Offices.

Access these free resources: 

• Database of all previous Expert Decisions
• List of selected Case Summaries of Expert Decisions

Submitting a complaint

The Expert will only be provided with the information that you and the current registrant (respondent) submit. We encourage parties to submit as much evidence as they can to support what they detail in their complaint.

Ready to submit your complaint? Click here: Submit your complaint. 

After submitting a complaint

When you submit your complaint, we check it thoroughly to make sure it complies with our policy and procedure. For example, we need to be sure that the complaint: 

• is about a .nz domain name 
• names the current registrant correctly
• ensuring that enough information is provided to ensure it can proceed.

If your complaint doesn’t comply, we’ll send it back to you. You have three (3) days to correct it and return it to us. If you don’t meet the deadline, the complaint will be withdrawn, but you can submit a new complaint.

Once we have a valid complaint, we will send it to the current registrant of the domain name (the respondent). We outline the process and provide information along with a copy of the Dispute Resolution Service Policy.

Every time we formally correspond with the current registrant (the respondent), we’ll send a copy of that correspondence to you. Similarly, all correspondence with you will be copied to the current registrant (the respondent). 

If the current registrant submits a response, you will be given an opportunity to submit a reply. Timeframes will be explained in correspondence both parties receive.

If they do not submit a response or following your opportunity to file a reply, your matter will be referred to Expert Determination (provided the Expert Determination fees have been paid).