Submit a dispute

How to submit a dispute

To dispute about the registration of a .nz domain name you need to fill out this online form.

 

We suggest you first read our DRS brochure and the DRS Policy to familiarise yourself with the service before completing this form.

 

You may need 10 to 15 minutes to complete our online form.

 

There is also a list of past expert decisions, searchable by keyword - available here. These may help you decide what kind of information to include in your dispute.

 

Please note that:

 

  • While it is not necessary, now is a good time to get legal advice if you want it.
  • You should read all the questions before starting. Here is a preview.
  • The entire form has to be completed in one session and cannot be saved.
  • If you make a mistake or wish to change your response, you can use the Back button.
  • You will need to print the completed form, sign this and send it to the Domain Name Commission. However, if you do not have a printer now, an email version of your responses will be sent to you once you're done. This can then be printed later.

 

As you fill in the forms remember that:

 

  • You should support your arguments with as much evidence as possible.
  • For more information, email us at [email protected]
Your details
If you are making a dispute on behalf of any kind of organisation (for example, a company or incorporated society), please enter the full legal name of the organisation here.
Type the first name of the person who is to be the main contact for this dispute. If this dispute is being made by more than one person, please include the other people's names in the body of the dispute.
Type the last name of the person who is to be the main contact for this dispute. If this dispute is being made by more than one person, then please include the other people's names in the body of the dispute.
Type the address you want mailed correspondence sent to. If the address requires further lines than are provided, please enter the information as clearly as you can in the available space.
The city part of your postal address. If your city requires a postcode, please include that here.
Type your country
Type your email address
No particular format for telephone numbers is required. Please include the area code.
Appointing a representative

You are free to appoint a representative to deal with your case. If you wish to do so please select 'Yes' below indicating that the Domain Name Commission should contact your representative in regards to this process.

Are you appointing a representative? Required
If your representative is part of a larger organisation, please enter the name of the organisation.
Your representative's first name.
Your representative's last name.
Type the address you want mailed correspondence sent to. If the address requires further lines than are provided, please enter the information as clearly as you can in the available space.
As part of the postal address. If your representative's city requires a postcode, please include that here.
As part of the postal address. We expect that many of the disputes handled by this process will be generated from within New Zealand, however, the process is available to complainants and their representatives from other countries
Type your representative's email address
No particular format for telephone numbers is required. Please include the area code.
Disputed .nz domain name
The main .nz domain name you are making a dispute about.
Do you have more .nz domain names to make a dispute about? Required
Please list all the other .nz domain names that you wish to dispute. Please note that each new domain name should be typed on a new line and that they must be registered to the same registrant. You can only include domain names which end in .nz
If you are disputing about more than one .nz domain name, then enter the others here (please have each domain name begin on a new line). All the names in your complaint must be registered to the same registrant.
Registrant details

 

Please enter the registrant details of the disputed domain name.

Please remember that the registrant contact name must be included in the information below.

 

For more information, email us at [email protected].

The domain name may currently be registered in the name of an organisation, rather than an individual. If so, please enter the name of the organisation.
The current registrant's first name.
The current registrant's last name.
Type the registrant's address.
As part of the postal address. If the current registrant's city requires a postcode, please include that here.
We expect that many of the disputes handled by this process will be generated from within New Zealand, and have set the default to reflect this, however, the process is available to complainants when the current registrant is from another country.
Type the email address of the registrant.
Type the registrant's phone. No particular format for telephone numbers is required. Please include the area code.
Trademark details

List the words, phrases or trademarks which are identical or similar to the domain name(s) in which you assert you have rights:

If you have a trademark in this name, you should enter the trade mark number(s) here. If you do not have a trademark in the name you assert rights to, but are relying on evidence of use of a business or personal name or mark, you should tell us which one.

Now enter your argument about the domain name(s) you are disputing below. 

 

Before starting, however, please note that:

 

  • We do not advise typing directly in the box and recommend that you write in a word processor, save it, then copy and paste the contents into the field below.
  • You have a maximum of 2000 words.
  • You may want to re-familiarise yourself with our DRS Policy document.
  • Previous Decisions are published and these can help you formulate your case.
You must prove to the expert that, on the balance of probabilities, you have rights in the name. Examples of the ways you could demonstrate your rights might include photographs, invoices, business cards, advertising material, etc.
You must prove to the expert that, on the balance of probabilities, the .nz domain name registration as it stands is unfair. Paragraph 5.1 of the policy gives you a non-exhaustive list of factors which may be evidence of unfair registration.
Supporting documents
Specify the type(s) of mark in which you have rights Required
Allowed file size must be up to 6MB and file types must be PDF, JPG, JPEG or PNG.
Allowed file size must be up to 6MB and file types must be PDF, JPG, JPEG or PNG.
Do you have any additional documentation to support the claim that the registration is unfair Required
Allowed file size must be up to 6MB and file types must be PDF, JPG, JPEG or PNG.
Allowed file size must be up to 6MB and file types must be PDF, JPG, JPEG or PNG.
Legal proceedings
As far as you are aware, have any legal proceedings been issued or terminated in connection with the domain name(s)? You must mention any legal proceedings. Required
Legal details

Please provide a brief description of the proceedings issued, the parties involved, and where appropriate, the outcome.

Go to 'Next'

Related webpages

An expert may look at specific webpages relating to this dispute. In the space below, please list a maximum of ten web addresses that this dispute relates to. These may be pages of your own, other sites to show a pattern of registration, or any other website that you think helps your case.

Suggested Remedy

Should your case go in your favour, select your preferred remedy or outcome. The Expert does not have to follow your request.

Which remedy do you propose? Required

Transfer: The domain name(s) will be transferred to you. This will give you the legal authority to use the domain name (i.e. for e-mail and web access) and to make changes to the domain name(s) record. For joint complainants, you should request which name you want given to which complainant in your supporting documents.

 

Suspension: The domain name(s) remain registered but cannot be used for email or for a website.

 

Cancellation: The domain name(s) will be removed from the register of .nz domain names. This means it will become available for any party (including, potentially, the respondent or an associate of the respondent) to register on a first-come, first-served basis following the 90-day pending release period.

Declaration

To proceed with your dispute, you must read and click the checkbox below (ticking this box indicates that you understand all the conditions).

  • I will submit to the exclusive jurisdiction of the New Zealand courts with respect to any legal proceedings seeking to reverse the effect of a decision requiring the suspension, cancellation, transfer or other amendment to a domain name registration, and I agree that any such legal proceedings will be governed by New Zealand law.

 

  • I, the complainant, agree that my claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the respondent and that none of InternetNZ, the DNCL, any registrar, expert or mediator, nor any of those entities' councillors, officers, employees or servants (as applicable) shall be liable for anything done or omitted in connection with any proceedings under the dispute resolution service unless the act or omission is shown to have been in bad faith.

 

  • The information contained in this complaint is to the best of my knowledge true and complete. This complaint is not being presented in bad faith, including not being for a dominant purpose other than resolving the issue of who the proper registrant of a domain name is, and the matters stated in this complaint comply with the policy and procedure and applicable law.

 

  • I agree to the terms of the dispute resolution services policy and procedure including being bound by the agreement to mediate document, and agree to be bound by any resulting decision, subject to any rights of review or appeal. The agreement to mediate can be found here: https://dnc.org.nz/drs/agreement-to-mediate.

 

  • I acknowledge that if the expert orders a transfer of the domain name(s) to me or at my request, I will need to select an authorised .nz registrar to provide me with the necessary .nz registry and other services in respect of domain names(s). I will advise the DNCL of my decision on request.

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