The Complaint Resolution Service (“CRS”) provides а single framework in which cyber‐crime, accessibly of prohibited Internet content and abuse of intellectual property rights are addressed in a transparent, efficient and cost effective way for the public, law enforcement, regulatory bodies, and intellectual property owners.
Framework relies on three tiers of review: immediate action to protect the public interest, informal mediation by an Ombudsman, and if necessary adjudication by an Expert.
Any party who believes a domain name registrant (“Registrant”) has violated the Acceptable Use Policy (“AUP”) of a ccTLD that has chosen to utilise the CoCCA CRS must provide certain documentation in order for CoCCA and the ccTLD manager to investigate and evaluate the claim or complaint.
In order to initiate an AUP enforcement procedure, the party who wishes to notify CoCCA about a potential AUP violation (the “Complainant”) must completely and thoroughly fill out the AUP Complaint Form and email it to email@example.com.
Complainants should thoroughly review the Form and strictly follow the directions regarding both the information that must be provided and transmitting the Form to CoCCA.
CoCCA will only evaluate claims under the policies set out for the CoCCA CRS if the Complainant signs and provides all the required information in the Form.
Complainants should be aware that CoCCA will forward a copy of the Form to the Registrant and post the Form online. CoCCA may, at its discretion and when requested by the Complainant, obfuscate certain details on the publicly posted copy.
AUP Complaint Form
Lodging a complaint is free.
Amicable Complaint Resolution is free.
The applicable fees in respect of the referral of proceedings under the CRS to an Expert are US$ 2,500.
The CoCCA CRS is an alternative to litigation for resolution of complaints between the registrant of a domain name and a complainant who alleges a registrant is in violation of a CoCCA Member’s AUP.
Amicable Complaint Resolution by the Ombudsman
If mediation fails, the Complainant can request the Ombudsman send the matter to an expert who will arbitrate the resolution of the complaint. A Decision will be communicated to the parties, the ccTLD Administrative Contact and CoCCA. All Decisions will be published in full on the CoCCA website https://cocca.org.nz
If the Parties do not achieve an acceptable resolution through amicable complaint resolution within 10 Days, and if the Complainant requests it, the Ombudsman will send notice to the Parties that an Expert will be appointed when the Complainant has paid applicable fees.
If the Ombudsman does not receive the Complainant’s request to refer the matter to an Expert within 10 Days of the Complainant’s receipt of the notice, the Complaint will be deemed to have been withdrawn. This will not prevent the Complainant submitting a different Complaint.
Adjudication by an Expert
On receipt of the applicable fees from the Complainant, CoCCA will appoint an Expert. The Expert will decide a Complaint on the basis of the Parties’ submissions, the AUP Policy and this Procedure.
If the Expert makes a Decision that a Domain Name registration should be cancelled, suspended, transferred or otherwise amended, CoCCA will implement that Decision by causing the necessary changes to be made to the Register one week after the date that the parties were notified, unless, during the 7 days following the date that the parties were notified the registrant has commenced legal proceedings.