.nz Dispute Resolution Scheme
This scheme applies to the .nz domain name space. A domain name acts as your address or 'post box' on the internet either for a website or for email.
Sometimes, parties disagree about who has the rights to a .nz domain name or associated domains added to an existing .nz domain name.
If you believe that someone else has a .nz domain name and that you should be the holder of that domain name, or that a sub-domain attached to a domain name infringes your rights, this dispute resolution service is for you.
You can bring your claim through mediation or expert determination. If you choose mediation and the other party does not want to mediate, you can go to expert determination.
Scheme overview
What are common examples of domain name disputes?
Dispute resolution under the Scheme
Read how NZDRC will administer the Domain Name Comission Dispute Resolution Scheme.
Definitions and FAQs
Explore our FAQs section for quick insights and to find answers to common questions.
Mediation process
Scheme Rules
Access the Scheme rules for mediation and expert determination.
Expert determination process
What are common examples of domain name disputes?
Disputes where:
- A newly established business has set up a website providing the same services as you and their domain name is virtually the same as yours. You believe you are now losing business and customers.
- You failed to re-register your domain name, and now a competitor has it. You’d like to get it back.
- You purchased a business and understood the domain name was part of the agreement. However, this did not transfer to you.
- Your business partnership has fallen apart. Now, you cannot access your emails as the other person is the registered holder of the domain name.
Remember, the .nz domain name space is a ‘first in, first served’ principle, so the onus is on you as the claimant to establish (to the ‘more likely than not’ standard) that you have a better claim to be the domain name holder than the current holder.
Dispute resolution options under the Scheme
You can bring your claim through Mediation or Expert Determination.
If you choose mediation and the other party does not want to mediate, you can go to expert determination.
Definitions and FAQs
Find quick insights and helpful information on a variety of topics related to the .nz Dispute Resolution Scheme
What is mediation?
Mediation involves the assistance of an independent, neutral third party (the mediator) to discuss the issues with the other party, including why you believe the domain name should belong to you, and to try to agree on the outcome.
Find out more about how mediation works, who pays, and how to start thisÂ
How does mediation work?
In mediation, the parties speak for themselves and negotiate the resolution of the domain name dispute with help from an independent, neutral person called a mediator. Mediation is voluntary, private and confidential.
Mediation takes place under Part 3 of the scheme rules. See Mediation process
Do I have to travel for mediation?
No. You do not have to travel for mediation. The mediator will conduct the mediation by telephone and/or video conference or any combination of those methods that the mediator considers appropriate.
How to prepare for mediation?
Remember, the .nz domain name space is a ‘first in, first served’ regime, so the onus is on you as the claimant to convince the other party that you have a better claim to be the domain name holder than them. See mediation preparation
Here is a short video with some top tips on preparing for mediation: Â How to prepare for your mediation
Some things to consider before a domain name dispute mediation:
- Any ongoing cost of the dispute
- Your best alternative is if this matter is not resolved at mediation.
- If another domain name might be suitable for your business.
- Ensure that your decision-maker is part of the mediation and can sign the settlement agreement.
How can I start my claim?
To start your claim, you can decide whether you want to:
Submit your claim to mediation or, expert determination.
What is the role of the mediator?
The mediator will help the parties to:
- identify and explore issues to be revoked;
- understand each other’s viewpoint;
- share information with each other;
- develop options to resolve the issues;
reach an agreement that accommodates the interests and needs of the parties.
What happens after mediation?
Agreement at mediation – settlement agreement
Many people reach a binding agreement at mediation (usually called a ‘settlement agreement’) Following mediation, parties are responsible for fulfilling their agreements. This includes paying the correct amount and performing required actions within the specified timeframe.Â
The mediator and NZDRC are no longer involved and cannot provide advice regarding the settlement agreement. However, the mediator can provide you with our template settlement agreement.
Enforcement of a settlement agreement
If parties used our settlement agreement, they may have empowered the Domain Name Commission to take certain steps to enforce the agreement.
Under our settlement agreement, the Domain Name Commission has the authority to enforce a transfer at the .nz domain name registry. It will only take that action where any agreed payment has been made. Despite this, the Domain Name Commission may decline to enforce an agreement at its discretion. If this happens, the parties will need to look at other options for enforcement, including going to court.
If our standard terms have not been used, it is likely that the Domain Name Commission cannot assist with enforcement.Â
No agreement or only partial agreement
If no agreement is reached at mediation, or only some issues have been resolved, but not all of them, the parties still have options.Â
Alternatively, parties can make an application to the court. We cannot advise you on this process and recommend that you seek legal advice.
If you are unsure, see our Mediation process for more information or contact us. Not all matters are suitable for mediation — some are better suited to the Expert Determination process we can talk with you about the options.
What is expert determination?
Expert determination means an independent, neutral third-party (the expert) receives written submissions and decides the outcome of the dispute.
Find out more about how expert determination works, who pays, and how to start this
How does expert determination work?
Expert determination means a qualified expert decides the outcome of a domain dispute. This is binding on the parties (subject to any appeal).
Expert determination takes place under Part 4 of the scheme rules. See Expert Determination process
Do I have to travel for expert determination
No. You do not have to travel for expert determination because expert determination is conducted on the documents, rather than in person. There is no formal hearing or meeting during an expert determination proceeding. The evidence and submissions are in writing.
What is the role of the expert?
The expert will make a determination based on the information provided toÂ
them.
A claim can either be dismissed or accepted by the expert. If accepted, the expert will order the domain name(s) to be transferred to the claimant and/or direct that the domain name holder delete the applicable sub-domain and not reinstate it at any time.
What do experts consider when making a decision for expert determination?
The expert determination process is similar to a court process. The expert can only consider information that the parties provide to them. Therefore, it is important to include all evidence  you want the expert to consider when making your claim or response to a claim.
The dispute will only proceed to expert determination if the claimant has paid the fee.
The expert can request additional information from the parties if necessary. Both parties will be advised of the request.
Experts cannot access your mediation information, as mediation is a separate, confidential process.
Before submitting your claim, we recommend you check out our case summary page. This provides you with some good examples of what you can expect from the process and what information is useful to include in your submission.Â
How are expert determinations communicated?
The expert determination will be emailed to all parties at the same time. The decision will also be made public.
If the expert determination orders a transfer of a domain name, the Domain Name Commission will enact that decision at the end of the 10-working day appeal period.
Can I appeal the expert's determination?
If a party is not satisfied with the expert’s determination, that party can appeal to a panel of three experts within 10 working days of receiving the determination.
That party (the appellant) must pay the appeal panel’s fee currently NZ $8,337.50 ($7,250 plus GST)
Please contact us if you wish to lodge an appeal or submit your appeal using this form:
Can costs be awarded?
No. A party cannot be ordered to pay another party’s costs, whether in mediation, expert determination or appeal. (In mediation, a party can agree to pay the other party’s costs)
The parties must pay their own legal costs for mediation, expert determination and appeals. Â
For expert determination and appeals, the claimant or appellant must pay the fee before the proceeding can commence.
What constitutes Unfair Registration?
Unfair Registration in relation to a domain name means it either:
- was registered or otherwise acquired in a manner which, at the time when theÂ
registration or acquisition took place, took unfair advantage of or was unfairlyÂ
detrimental to the claimant’s rights; or - has been, or is likely to be, used in a manner which is Unfair Use, having regard to all relevant factors, which may include some or all the factors set out in the Schedule of the .nz dispute resolution scheme rules.
What constitutes Unfair Use?
Unfair Use means the use of a Domain Name in a manner that takes unfair advantage of, or is unfairly detrimental to, the Claimant’s Rights.Â
In considering whether the use of a Domain Name is Unfair Use the relevant factors may include:
  (a) the purpose and character of the use;
  (b) the nature of the name and its use;
  (c) the amount and substantiality of the use;Â
  (d) the effect of the use on the potential market;
  (e) other factors set out in the Schedule of the .nz dispute resolution scheme rules; and
  (f) whether the use is Fair Use.
Fair Use may include websites operated solely in tribute to or in criticism of an individualÂ
or business.
Take the first step towards resolving your dispute today
NZDRC has more than 30 years’ experience designing and delivering private dispute resolution services in Aotearoa, New Zealand. Contact us today to find out more about how we can help you or your clients.
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