Expert determination process: .nz Dispute Resolution Scheme
The claimant can get a binding decision (determination) from an expert by referring the dispute to expert determination, in the initial claim or after the parties have tried mediation without agreement, or if the respondent did not agree to mediate.
Expert determination quickly and efficiently resolves disputes. A qualified expert considers the parties’ written material and determines the outcome: either the domain name transfers to the claimant or the claim is dismissed. This binds the parties (subject to any appeal to an appeal panel).
It is much quicker, cheaper and less formal than going to court. Determinations are usually issued within 40 working days of a claim being submitted.
You can start the process by completing and submitting an expert determination claim form or learn more below.
Process Overview
Start the process
Here is a step-by-step guide on how to initiate dispute resolution under the Domain Name Comission Dispute Resolution Scheme.
Claim
The Claim must be served online using our Expert Determination Claim form. The Claimant pays the Expert's Fee.
Assessment
We will assess the claim and if valid send it to the Respondent.
Response
The Respondent may submit a Response to the Claim within 10 Working Days using our online Response Form
Reply
A Claimant may submit a Reply in answer to any Response within 5 Working Days using our online Reply Form
Appointment of an expert
An Expert will typically be appointed within 5 Working Days, or sooner for urgent cases.
Determination
An expert's decision is called a Determination. It will typically be issued within 40 Working Days of the Claim.
Cost of expert determination
The Claimant must pay the Expert’s fee before the Claim can proceed
Expert determination timeframe
Expert determination is designed to enable the parties to get the dispute determined within 40 working days of the claim being submitted.
The general timeline and maximum periods are:
- Claim submitted and reviewed by NZDRC: The claimant must submit the claim online to NZDRC. NZDRC will review the claim to make sure it is eligible under the scheme, that sufficient information has been provided and the expert’s fee has been paid by the claimant.
- Invalid claim: If the claim is not eligible or is missing information NZDRC will advise the claimant. The claimant has three working days to fix the claim and provide any missing information. Otherwise NZDRC will reject the claim, and any fees paid are forfeited. (The claimant can re-submit the claim but must start the process again and pay a further fee).
- Notification of valid claim to the respondent: NZDRC will send a valid claim to the respondent within five workings days of it being submitted.
- Response: The respondent may submit a response to the claim online to NZDRC within ten working days of receiving the claim.
- Reply: If a response is submitted within the above response period, NZDRC will send it to the claimant who may submit a reply online to NZDRC within five working days of receiving the response.
- Appointment of expert: NZDRC appoints an expert within five working days after the end of the response period (if there was no response) or the end of the reply period (if there was a response). NZDRC provides the expert with all the information and documentation received from the parties.
- Determination: The expert must make their determination within 15 working days after the end of the response period (if there was no response) or the end of the reply period (if there was a response).
- Issue of the determination: NZDRC will issue the determination to the parties within five working days of receiving it from the expert.
While this is the general timeline, the actual time frame can be shorter if all parties are efficient. NZDRC will use its best efforts to process claims, responses and replies, appoint the expert, and issue determinations, as quickly as reasonably practicable and in less than the above maximum periods.
Extensions of time: The expert may allow additional time for response, reply or the determination if deemed reasonably necessary, either at the request of a party or on the expert’s own initiative. Any extension request must be made before the relevant period expires.
Start the process
Follow this step-by-step guide:Â
Step 1. Submit the claim to Expert Determination
The claim must be made using this form:
The form contains mandatory fields and requires information and documents as set out in the form. The form can be saved and returned to later by using the ‘save and complete’ button.
Pay the expert’s fee within two working days of submitting the claim form:
Contents of the claim form
A claim form that is missing any of the minimum information is invalid. However, the claimant can fix this by providing the correct information within three working days of receiving notice that the information is missing.Â
The claimant must pay the expert’s fee of NZ$2,300 ($2,000 plus GST) within two working days after submitting the claim form or NZDRC will reject the claim. (The claimant can start the process again.)
The claim must include the following information:Â
- Whether tikanga-based, other cultural, or accessibility support is requested. See our tikanga framework document
- If the claim is by a company, the company number, a copy of the certificate of incorporation or a screenshot of the Companies Register (or the overseas equivalents)
- Contact details of the claimant and any representative. A representative needs to sign a confidentiality agreement to be uploaded into the claim form. The confidentiality agreement can be found here
- The disputed domain name(s). We strongly recommend that the claimant orders a search of the .nz register to see if the respondent is holding other similar domain names that could be included in the claim: DNC Search Tool
- The nature and basis of the claim (see the guidance below)
- Copies of any website screenshots, emails, correspondence, or other documents or evidence the claimant relies on andÂ
- Submissions on the factual and legal issues involved in the claim. The onus is on the claimant to establish the grounds of the claim. Guidance on this is set out below:
What the claimant must establish in the claim
The key grounds that the claimant must establish are (rule 1.5(a) or (b)):
- That it has Rights in a name or trademark that is identical or similar to the domain name, and
- That the domain name is an Unfair Registration – either at the time of registration or acquisition, or due to subsequent Unfair Use, and
- For a sub-domain dispute, the claimant must also show that the sub-domain added at the second level of .nz appears to be a third-level domain name per rule 1.5(b)(i).
In summary, the Claim should provide a clear explanation of the claimant’s rights in the same or similar name or trademark, why the domain name holder’s registration was unjust or its use of the domain name is unfair, and why the claimant should be the holder of the domain name, with supporting documentation.
Step 2. NZDRC notifies the domain name holder (respondent)
Within five working days after receiving a valid claim and payment of the expert’s fee, NZDRC will:
- Provide the claim to the current domain name holder or ‘registrant’ (the respondent).
- Instruct the Domain Name Commission to put a ‘compliance lock’ on the domain name under the .nz Rules until the dispute is determined or withdrawn.
- Invite the respondent to submit an expert determination response form. The respondent has 10 working days to respond.Â
Step 3. Response
A respondent may respond to the claim within 10 working days of  receiving the claim.Â
The response must be made online using this form:
A response must include the following information:
- Whether tikanga-based, other cultural, or accessibility support is requested. See our tikanga framework document
- Contact details of the respondent and any representative. A representative needs to sign a confidentiality agreement to be uploaded into the response form
- In relation to the substance of the claim:
- what matters are accepted or agreed;
- what matters are disputed, and why;
- any defence to the claim (see ‘What the respondent must estabilish in the response’ below)
- Copies of any website screenshots, emails, correspondence, or other documents or evidence the respondent relies on and
- Submissions on the factual and legal issues involved in the claim, and any defences the respondent puts forward. While the onus is on the claimant to establish the grounds of the claim, once they do so then the onus is on the respondent to establish its defence. Guidance on this is set out below:
The response is an opportunity for the respondent to state its position regarding the claim and what is agreed and what is disputed. The respondent should set out what it says is the answer to the disputed matters and why they say their position is correct, with reference to supporting evidence and documents.
What the respondent must establish in the response
If the claimant establishes its key grounds (see Step 1) then the respondent needs to establish a defence, which may include:
- That the claimant does not have Rights in a name or trademark that is identical or similar to the domain name because they are Generic Terms or Descriptive Terms, and
- That the domain name is an Unfair Registration – either at the time of registration or acquisition, or due to subsequent Unfair Use and that the respondent’s use is fair, and
- For a sub-domain dispute, the claimant must also show that the sub-domain added at the second level of .nz appears to be a third-level domain name per rule 1.5(b)(i),
Step 4. Reply
A claimant may reply to any response within five working days of receipt of the response.Â
The reply must be submitted online using this form:
If a claimant serves a reply, it must be strictly in reply to the response and cannot raise new issues. A claimant should include any supporting documents relevant to the reply.Â
Step 5. Appointment of the Expert
Within five working days after the end of the response period (if there is no response) or after the end of the reply period (if there is a response) NZDRC will appoint a suitably qualified independent expert to determine the claim, and will notify the parties of the appointment.
Any appointment will be made from the panellists on this website and in accordance with the scheme rules.
Any appointment made by NZDRC is final and can only be challenged based on a conflict of interest.
Step 6. Determination
An expert’s decision is called a determination. An expert will use reasonable endeavours to make their determination within 15 working days after the end of the response period (if there is no response) or after the end of the reply period (if there is a response), subject to any extensions granted.
The expert will issue the determination after considering all the submissions and evidence provided by the parties. This is done ‘on the papers’ – there is no hearing.
The expert must have regard to the applicable law and will decide the matter after weighing any competing evidence and applying the applicable law to the facts of the case as they determine them to be.
Determination is binding
The determination is binding on the parties unless it is appealed.
Peer Review
All determinations are submitted to a peer review process by NZDRC. This provides quality assurance, reduces the chances of errors requiring correction or explanation, and provides parties with an additional layer of reassurance in the process and outcomes. However, the determination remains that of the expert who is solely responsible for the decision-making process.
Rights of Appeal
A party who is not satisfied with the determination may appeal it within 10 working days after the parties receive the determination. The appeal is to a panel of three experts.
The the appellant must pay the appeal panel’s fee, currently NZ $8,337.50 ($7,250 plus GST)Â
This must be done online using this form:
There is no further right of appeal.
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