Consultation on establishing a dispute resolution process for the .nz domain name space
Published at 09:31 02 March 2005
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.
Emirates Team New Zealand - .pdf
Andrew Brown QC - .pdf
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
Richard Shearer on behalf of FreeParking - .pdf | .txt
The International Trademark Association - .pdf | .txt
Kim Thibault on behalf of Maxnet - .pdf | .txt
Draft Policy - Dispute Resolution Service for .nz
Published at 11:17 05 January 2006
Comments are sought on a draft Dispute Resolution Service Policy for the .nz domain name space.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.
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
Warwick Smith - .pdf