A country road: domain name disputes in .nz—is private dispute resolution working?

摘要

Domain name dispute literature focuses largely on generic top level domains and the Uniform Dispute Resolution Policy. Country code top level domains (ccTLDs) attract far less commentary. This article addresses this gap with a detailed evaluation of one ccTLD dispute resolution system: .nz. Evaluation of domain name disputes presents unique challenges: there is no single system for resolving disputes, diverse legal tests apply across jurisdictions and categories of disputes vary. The article examines .nz in light of these challenges, developing and applying evaluation criteria to draw conclusions about the number and categories of disputes, resolution rates and overall effectiveness. The article analyses cases, including appeals, under the "unfair registration" test which contrasts with Nominet's .uk dispute resolution policy on which the New Zealand system was closely modelled. The author concludes .nz operates a just and workable dispute resolution service that demonstrates effective and responsible ccTLD administration.