How appeal works
If either party is not satisfied with the expert decision they are able to appeal this. Information on this process can be found below.
Appeals can be lodged in one of two ways.
1. Submit a Notice of intent to appeal
Along with a non-refundable deposit ($800 + GST) within 10 working days of the Expert's decision. This should be followed with the balance of the fees ($6,400 + GST) and the full appeal within a further 15 working days. The full appeal should be submitted with the details of the appeal and the balance of the fee without adding new evidence.
2. Submit a signed full appeal
And pay the full fee ($7,200 + GST). It should be sent within 10 working days of being advised of the Expert's decision. The document has a limit of 1000 words to explain your full reasons for appealing without adding new evidence.
Additional Information about appeals
If an appeal is lodged, the other party has the opportunity to submit a response, also limited to 1,000 words. The appeal response should be a written document, signed and sent to the Domain Name Commission. The response must be lodged within 10 working days and should set out the grounds why the appeal should be rejected, without adding new evidence.
Appeals are considered by a panel of three Experts, who have 30 working days to reach a final and binding decision. Both parties will be advised of the outcome, and the Domain Name Commission will implement the decision. You cannot appeal an appeal panel decision.
Effect of Court Proceedings
The operation of the Dispute Resolution Service does not prevent the submission of the dispute to a New Zealand court. If the matter before the DRS does go before the courts, all action under the DRS is suspended.