.nz Regulations

Requirements & Information

CountryNew Zealand
CodeNZ
CurrencyUSD
Available TLDsRequirements
nzNR
net.nzNR
org.nzNR
co.nzNR
co.net.nzNR
kiwi.nzNR
maori.nzNR

Additional Information

Ref: DNA Version: 1.1 Title: Policy on Domain Name Allocation Process Date Issued: 14 October 2002 Status: EXPIRED (05 September 2003) This policy is issued by the office of the Domain Name Commissioner on behalf of InternetNZ, the Internet Society of New Zealand Incorporated. POLICY ON DOMAIN NAME ALLOCATION 1. Statement of Purpose 1.1 This policy details the process that will be used to allocate current domain names to registrars on the registrar's initial connection to the Shared Registry System ("SRS"). 1.2 This policy will cover the criteria used in establishing the right of the registrar to have domain names transferred to them when they sign up to the SRS. 2. Background 2.1 InternetNZ has responsibility within New Zealand for the .nz domain name space ("DNS"). Domain names are the familiar names for Internet addresses (e.g., "www.internetnz.net.nz"). They map to unique Internet Protocol (IP) numbers (e.g., 202.36.205.10) that serve as routing addresses on the Internet. The DNS translates Internet names into the IP numbers required to transmit information across the network. 2.2 Up to the implementation of the SRS, the InternetNZ company Domainz acted as registry, and in some cases also as registrar. InternetNZ has implemented a SRS for the management of .nz domain name registrations and the operation of the DNS. 2.3 A SRS establishes a single and separate register for domain names and associated technical and administrative information. The registration of domain names and modification of information associated with that name on the register will be effected only by authorised registrars. Domainz will act as the stabilising registrar and .nz Registry Services ("NZRS") will be the new registry. 2.4 Up to the implementation of the SRS there were a number of different kinds of relationships between the registry (Domainz), registrars (accredited providers or agents), and the registrants (name holders). These can be summarised as: 2.4.1 Where domain names were registered with Domainz on behalf of registrants by accredited .nz providers. For those domain names, Domainz billed the .nz provider, sent them the name holder ID and password, and also sent them the renewal notices.
2.4.2 Where the domain name registration was facilitated through unaccredited agents, or through accredited providers who did not bill their customers directly. For those domain names, Domainz billed the registrant direct, sent all renewal notices to the registrant, and supplied the Name Holder ID and password to the registrant. 2.4.3 Where the domain name was registered directly with Domainz without any involvement of an accredited .nz provider or agent. 3. Allocation Policy - Accredited .nz Providers Please refer definition provided in 2.4.1 above. 3.1 In order to become authorised registrars, organisations must meet the authorisation standards as set out by InternetNZ and sign the Authorisation Agreement (please refer to the “Authorisation Process” ("AOR"). Only authorised registrars will be able to enter into a contractual relationship with NZRS on behalf of their registrants. 3.2 The newly authorised registrar will provide the Domain Name Commissioner ("DNC") with an accurate list of the domain names allocated to it. This will be crosschecked with the list of domain names that Domainz has recorded as being managed by the newly authorised registrar in question. Where the lists agree, the DNC will instruct NZRS to allocate these names to the newly authorised registrar. 3.3 This list is to be produced in an electronic format and emailed to [email protected], and also as a paper list posted to PO Box 11881, Wellington, together with the completed form DNA1. 3.4 Should there be a dispute over the list of domain names, both the prospective registrar and Domainz will be required to provide evidence to the DNC as to where the domain name should be allocated. The DNC will make the final decision as to where the disputed domain name should be allocated. 3.5 Registrars will be required to complete the allocation form (DNA1) declaring that the list is true and correct and indemnifying Domainz and InternetNZ from any claim arising from the transfer to them. 3.6 All domain names not allocated to the newly authorised registrar will remain with Domainz as the stabilising registrar. All registrants who have names in this stabilising pool of domain names will be contacted by the DNC regarding their selection of a registrar. The process for allocating names from the pool of domain names is detailed in Clause 6.
The Office of the Domain Name Commissioner
4. Allocation Policy - Unaccredited Agents Please refer definition provided in 2.4.2 above. 4.1 In order to become authorised registrars, organisations must meet the authorisation standards as set out by InternetNZ and sign the Authorisation Agreement. Only authorised registrars will be able to enter into a contractual relationship with the SRS on behalf of their registrants. 4.2 No domain names will be allocated automatically to registrars as defined in the definition 2.4 b) above. 4.3 Under this policy a newly authorised registrar may make contact only with registrants with who it has an existing business relationship as at October 2002 with an invitation to become their registrar under the SRS. For the purpose of the Policy a “business relationship” means that the newly authorised registrar is already providing a product or service to the registrant in respect of the person’s website or domain name including (but not limited to) website hosting or website design services. 4.4 During the domain name allocation process the registrar will not be permitted to entice any other registrants to transfer to it and will be required to provide a statutory declaration that it has contacted only parties with who it has an existing business relationship as at October 2002. 4.5 The registrar will ensure that all registrants who wish to appoint it as their registrar under the SRS have signed up to a Terms and Conditions Agreement approved by the DNC. 4.6 When communicating with registrants in accordance with this Policy, a registrar must include the following statement in its communications: You are under no obligation to sign this Agreement. If you decide not to sign there will be no change to your current services, or terms and conditions of those services, provided by us. 4.7 The registrar will send to the DNC a list of domain names that it wants transferred to it - together with the name holder ID and the date and time the registrant signed the contract. This list is to be provided in an electronic format and emailed to [email protected], and also as a paper list posted to PO Box 11881, Wellington, together with the completed form DNA2. 4.8 The registrar will be required to complete the allocation form (DNA2) declaring that the list is true and correct, indemnifying Domainz and InternetNZ from any claim, and declaring that the registrar previously had a business relationship with the registrant of each domain name to be transferred. 4.9 The registrar will consent to an audit of registrants in order to satisfy the DNC that all the information provided is correct.
The Office of the Domain Name Commissioner
4.10 Where the DNC is satisfied that the domain names are registered to contracted customers of the registrar, the DNC will instruct NZRS to effect the transfer of those domain names. 4.11 Where the DNC is not satisfied that the domain names should transfer, the DNC will contact the registrar. If information provided to the DNC is incorrect, and there appears to be a mistake, then the registrar may be required to obtain the UDAI and effect the transfer in the usual way. 4.12 Where the information provided to the DNC is incorrect, and it appears to be an obvious deception, sanctions may be taken against the registrar (refer – “Roles and Responsibilities” "RAR"). 4.13 All domain names not allocated to the newly authorised registrar will remain with Domainz as the stabilising registrar, until they go into the stabilising pool. All registrants who have domain names in this stabilising pool will be contacted by the DNC regarding their selection of a registrar. The process for allocating names from the stabilising pool is detailed in Clause 6. 5. Allocation Policy - Domainz Please refer definition provided in 2.4.3 above. 5.1 Where the registrant has engaged in a contract directly with Domainz prior to the implementation of the competitive SRS, the domain name will remain with Domainz as stabilising registrar until they go into the pool. 5.2 The registrant will be contacted by the DNC regarding their selection of a registrar as per the process detailed in Clause 6. 6. Allocation Policy - From Pool 6.1 The pool will include all those registrants that have been allocated to Domainz, as stabilising registrar, as at 1 March 2003. 6.2 From 1 March 2003 the DNC will contact registrants who have domain names in the stabilising pool, and explain the SRS. This contact will take place 1 - 2 months prior to their renewal date. 6.3 The DNC will contact those domain names that have a renewal date between November 2003 and March 2004, in small batches between March and October 2003. 6.4 Registrants will be required to pick a registrar from the list provided. The list will contain the names of all authorised registrars as at the time of the communication and a link to the registrar's web site for the registrant to obtain further information. (Note - registrars are able to request that they be left off the list).
The Office of the Domain Name Commissioner
6.5 The DNC will instruct NZRS to effect the transfers, and to notify the registrars that those names are now allocated to them.
6.6 Where a registrar is not happy with any domain name transferred to them, they can contact the DNC for the transfer to be reversed. In this situation, the DNC will contact the registrant, informing them of the situation and giving them an opportunity to select another registrar. 6.7 Where no response is received from the registrant, the domain name remains with Domainz. 6.8 The DNC reserves the right to make further attempts to contact the registrant. 7. General Information 7.1 At any time a domain name can be transferred to an authorised registrar where the registrar has obtained the UDAI. 7.2 A range of information about .nz policies, the SRS, registrant rights, and domain names in general is publicly available on the Internet. This includes: ?? A list of all authorised registrars, with links to their home pages. ?? A list of second level moderators and their contact details. ?? A current policy about domain names in .nz, dispute resolution, etc. ?? A frequently asked questions. ?? A links to other relevant sites. 7.3 If anyone has any questions regarding this document please email [email protected] The Office of the Domain Name Commissioner
FORM DNA1 This form is issued by the office of the Domain Name Commissioner on behalf of InternetNZ, the Internet Society of New Zealand Incorporated. ALLOCATION FORM AND DECLARATION Where domain names were registered on behalf of registrants by accredited .nz providers. Part 1 Request and Indemnity TO: The Internet Society of New Zealand, Inc (“InternetNZ”) The New Zealand Internet Registry Limited (t/a Domainz) 1. ………………………………………………….… (name of organisation) requests that the Domain Name Commissioner, on behalf of InternetNZ, transfer the attached names from Domainz to its Registrar Identification on the Shared Registry System. 2. …………………………………………………… (name of organisation) indemnifies Domainz and InternetNZ in the event of a registrant making any claim against Domainz or InternetNZ as a result of, or in any way arising out of, the assignment of any one or more of the domain names on the attached list to it. …………………………………………………… duly authorised signatory ……………………… Date
Form DNA1 continuedPart 2 Declaration I …….……………………………………………………………………, (full name) of ………………..…………………………………………………….... (organisation) solemnly and sincerely declare that: 1. ………………………………………………….…. (name of organisation) fits the description of an accredited .nz provider as defined in clause 2.4.1 of the Domain Name Allocation Process Policy. 2. The attached list of domain names is a true and accurate list of domain names under its management. 3. This declaration is made under the Oaths and Declarations Act 1957. DECLARED at this day of 2002 _____________________________ (Duly authorised signatory) ______________________________________ Solicitor of the High Court of New Zealand
The Office of the Domain Name Commissioner
FORM DNA2 This form is issued by the office of the Domain Name Commissioner on behalf of InternetNZ, the Internet Society of New Zealand Incorporated. ALLOCATION FORM AND DECLARATION Where the domain name registration was facilitated through unaccredited agents, or through accredited providers who did not bill their customers directly. Part 1 Request and Indemnity TO: The Internet Society of New Zealand, Inc (“InternetNZ”) The New Zealand Internet Registry Limited (t/a Domainz) 1. ………………………………………………….… (name of organisation) requests that the Domain Name Commissioner, on behalf of InternetNZ, transfer the attached names from Domainz to its Registrar Identification on the Shared Registry System. 2. …………………………………………………… (name of organisation) indemnifies Domainz and InternetNZ in the event of a registrant making any claim against Domainz or InternetNZ as a result of, or in any way arising out of, the assignment of any one or more of the domain names on the attached list to it. …………………………………………………… duly authorised signatory ……………………… Date The Office of the Domain Name Commissioner
The Office of the Domain Name Commissioner
Form DNA2 continuedPart 2 Declaration I …….……………………………………………………………………, (full name) of ………………..…………………………………………………….... (organisation) solemnly and sincerely declare that: 1. The attached list is a true and accurate list of: (a) domain names; (b) name holder IDs; (c) the date and time of signing of the approved Terms and Conditions Agreement by each registrant; who wish it to become their registrar under the Share Registry System. 2. It has only contacted those registrants with whom it has an existing business relationship (as defined in the Domain Name Allocation Process Policy) as at October 2002. 3. It included the following statement in its communications all such registrants. You are under no obligation to sign this Agreement. If you decide not to sign there will be no change to your current services, or terms and conditions of those services, provided by us. 4. This declaration is made under the Oaths and Declarations Act 1957. DECLARED at this day of 2002 _____________________________ (Duly authorised signatory) ______________________________________ Solicitor of the High Court of New Zealand

.NZ REGISTRANT AGREEMENT
TERMS AND CONDITIONS

In any conflict between .nz terms and conditions and Safenames general terms and conditions, .nz terms will take precedence.

1. The Registrar’s Obligations
We agree that we will:
1.1 comply with all .nz policies and accurately represent these to you;
1.2 disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
1.3 comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
1.4 process any new .nz domain name registrations with the registry within [24 hours] from the time we receive all the information required to complete a registration if it is within our advertised business hours of [9 am.- 6 pm British Standard Time] [Monday-Friday], and otherwise within [48 hours];
1.5 notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
1.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested;
1.7 provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
1.8 use your personal information only as authorised by you;
1.9 take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
1.10 comply with any order of any authority having jurisdiction regarding any domain name registered to you;
1.11 use our best endeavours to deal with any complaints you may have about the services we provide for you.
2. The Registrant’s Obligations
You agree that you will:
2.1 comply with the .nz policies. You agree that you have read and understood the current policies;
2.2 make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
2.3 keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
2.4 satisfy yourself that your use of a domain name will not infringe anybody’s intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
2.5 ensure that you only use our services for a lawful purpose;
2.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
2.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
2.8 protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
Duties of Other Persons
2.9 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
3. Registration of a Domain Name
When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
3.1 that the following information becomes available to any member of the public:
o your name,
o your contact details and
o the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.

3.2 the domain name is registered in your name only because no other person has it according to the records of the register; and
3.3 neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
3.4 that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
4. Register is the Record
For all purposes the details shown in the register shall be treated as correct and the authoritative record.
5. Payment of Fees
5.1 You agree to pay for the services we provide for you.
5.2 If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
5.3 We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
5.4 Our usual fees are for Domain Name Registration and Renewal, We may also charge for DNS, Web and Email Hosting provided by us. We will tell you before any additional charge is incurred.
5.5 Our prices are stated in US dollars and include GST [applicable local tax].
6. Suspension And Refusal To Supply Services
If you do not pay our charges for a domain name registered to you we may: • •
cancel registration of that domain name; or
refuse to provide a service you request.

7. Cancellation of a Domain Name
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
8. Exclusion of Liability
We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of :
8.1 InternetNZ, the registry and any other entity we are in any business relationship with;
8.2 every officer, employee, contractor, agent of us or any entity in clause 8.1;
8.3 anyone else we get to perform our duties under any agreement you have with us.
None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
This exclusion applies whatever you are claiming for and in whatever way liability might arise.
This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
9. Limitation of our Liability
We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies.
Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.
10. Law and Jurisdiction Applying to this Agreement
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of The services are provided or
where you reside. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise. To the extent legally permitted:
10.1 all our services are provided under New Zealand law;
10.2 any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
10.3 except as otherwise stated, you may take action against us only in a New Zealand court;
10.4 where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
11. Cancelling the Agreement
11.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
11.2 We may end the agreement for any other reason by giving you one month's notice.
12. More Than One Person
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
13. Each Clause Separately Binding
Each clause of the agreement you have with us is separately binding.
If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.
14. Rights and Responsibilities that Continue
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 2, 4 - 10, 12 – 13, and this clause 14.

Ref: DCP Version: 1.1 Title: Dispute & Complaint Process Date Issued: 14 October 2002 Status: CURRENT This policy is issued by the office of the Domain Name Commissioner on behalf of InternetNZ, the Internet Society of New Zealand Incorporated. DISPUTE AND COMPLAINT PROCESS 1. Statement of Purpose 1.1 This document complements "Roles and Responsibilities" ("RAR") and relates also to "Investigation and Inquiry Process" ("IIP"). 1.2 It will allow all parties to see where the Domain Names Commissioner ("DNC") will become involved in a complaint or dispute and what process the office will employ to try to resolve the situation. 2. Background 2.1 InternetNZ has responsibility within New Zealand for the .nz domain name space ("DNS") and has implemented a shared registry system ("SRS") for the management of .nz domain name registrations and the operation of the DNS. 2.2 A SRS establishes a single register for registering domain names and associated technical and administrative information. .nz Registry Services ("NZRS") operates the register. 2.3 The registration of domain names and modification of information associated with that name on the register can be effected only by authorised registrars. 2.4 Registrars are responsible for managing their relationship with registrants. There is no communication between NZRS and registrants. 3. Principles 3.1 NZRS is a listing service. The .nz DNS operates on a "first come, first served" basis. Any conflict between an applicant or other party and an existing registrant is up to those parties to resolve. 3.2 The office of the DNC will become involved in disputes and complaints where a party believes that an agreement, or any of the .nz policies and procedures, has been breached.
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3.3 The initial complaint should be laid within 60 days of the date that the issue arose or the incident occurred. 3.4 All disputes and complaints should first be directed to the relevant party, who will be given adequate time to resolve the situation. e.g. Registrant to their registrars, registrars to NZRS, NZRS to the registrar. 3.5 Only after this process, should the complaint not be satisfactorily resolved, should it be presented to the DNC. 3.6 The DNC's investigation of the complaint will be restricted to issues around the agreements and .nz policies and procedures defined and published. 3.7 The DNC may refer the complaint to a relevant Government Authority where the circumstances warrant this, eg: the Commerce Commission. 3.8 Complaints must be made either in writing to the Office of the DNC, or by fax to +64 4 495 2115 or by email to [email protected] Complainants must detail the nature of the complaint and enclose any relevant documentation that supports their complaint. Use of the enclosed Form DCP1 is preferred. 3.9 The complaint will be acknowledged within two working days of receipt. Given that the nature of complaints can vary greatly, no set time can be given for investigating them. However, best endeavours will be made to resolve each complaint as soon as practicable. 3.10 Complainants will be updated about progress and will also be informed about when the complaint investigation process is likely to be completed. 3.11 The name of the complainant will be disclosed to all parties involved in the complaint. 3.12 Complaints will be investigated in line with IIP. 3.13 Outcomes may include: 3.13.1 That expectations have not been met but no breach of policies and procedures has occurred, or 3.13.2 That a breach has occurred and an apology is called for, but the breach is not sufficient to justify a sanction, or 3.13.3 That a breach has occurred and a sanction will result. 3.14 The DNC will not become involved when a registrant is merely dissatisfied with aspects of the service delivery of their registrar. 3.15 The DNC will not investigate anything regarding the use and content of any website, other non .nz services provided by an authorised registrar, (for example, web hosting service), general Internet complaints, or anything relating to a DNS that is not .nz. e.g .com, .au, etc.
The Office of the Domain Name Commissioner
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3.16 Complaints on matters not involving the DNC can be made to relevant agencies, for example, the Commerce Commission, the Ministry of Consumer Affairs (including the Telecommunications Commissioner), or the Privacy Commissioner. 3.17 There is provision for the appointment of an independent person (appointed by the president or Vice President of the NZ Law Society) to resolve the dispute, with the costs to be equally shared by both parties. This provision is available only after the completion of any investigation, and the final outcome being determined. 4. General Information 4.1 A range of information about .nz policies, the SRS, registrant rights, and domain names in general is publicly available on the Internet. This includes: ?? A list of all authorised registrars, with links to their home pages. ?? A list of second level moderators and their contact details. ?? Current policy about domain names in .nz, dispute resolution, etc. ?? Frequently asked questions. ?? Links to other relevant sites. 4.2 If anyone has any questions regarding this document please email [email protected] The Office of the Domain Name Commissioner
Form DCP1
This form is issued by the office of the Domain Name Commissioner on behalf of InternetNZ, the Internet Society of New Zealand Incorporated. COMPLAINTS FORM Please complete and send to: The Office of the Domain Name Commissioner InternetNZ PO Box 11881 Wellington Or email to: [email protected] Or fax to: +64 4 495 2115 1. Contact details of complainant Name: Address: Work Ph: Home Ph: Fax: Mob: Email: 2. Complaint against: 3. Nature of complaint
Form DCP1 Continued 2
4. Name of person dealt with regarding complaint: 5. Their contact details: 6. Correspondence and documentation 7. Current status of complaint: (Please complete questions on a separate piece of paper if required)

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