Paper 10 - Domain Name Commission Limited – Delegations and Authorities

InternetNZ has been delegated responsibility from ICANN to manage .nz domain name space. A formal exchange of letters has been completed to formalise this delegation.

Currently the Domain Name Commissioner and the .nz Oversight Committee sit within InternetNZ – the DNC is an employee of InternetNZ and the Oversight Committee is a committee of InternetNZ.

The current delegation to the .nz Oversight Committee is attached as Appendix I

New Delegation – Stewardship of .nz

It is proposed that the transfer to the Domain Name Commission Limited (DNCL) of administrative functions for .nz is formalised in a contract (or equivalent) to ensure that it is not an asset that would be available in the event of the winding up or dissolution of that company. This would be achieved through a form of authorisation from InternetNZ to DNCL which would terminate on the happening of certain events, including the receivership or liquidation of DNCL. In that circumstance, the responsibility would immediately revert to InternetNZ.

InternetNZ Council should retain decision making on:

o the long term strategy for the .nz domain name space

o the monthly fee charged by the registry to register a domain name

o the policy framework underlying the allocation and use of domain names in the .nz domain space; and

o the key principles that underpin.nz policy, namely

– the “first to register” principle

– safeguarding registrant’s rights

– having a competitive, but stable, market for registrars with low entry requirements

o changes to the .nz position on international issues

o major transactions

o other governance issues (see Appendix 2)

The Domain Name Commission Ltd may seek InternetNZ Council approval on other policy issues or such other matters as it identifies.

In respect of the .nz domain name space, the Domain Name Commission Ltd will have authority to:

o approve operational policies for the management on .nz

o authorise and de-authorise a registrar;

o review the performance of the registry on an annual basis pursuant to its contract

o request information from registrars and the registry pursuant to the contracts

o approve technical changes to the register and DNS (following appropriate consultation)

o initiate reviews of specific areas - registry operations, a specific registrar etc - and appoint third parties to assist in investigation(s) of any aspect of domain name activity within .nz

o seek external advice as required

o appoint the Domain Name Commissioner, conduct the annual review of his/her performance and approve remuneration changes

o conduct the annual review of the monthly fee to register a domain name, in conjunction with NZDNR Ltd, and to make a joint recommendation to the InternetNZ Council on the level of the fee for the following year

o approve participation at international meetings and select the participants at these

o direct the Domain Name Commissioner as appropriate

o publish reports on .nz

o issue press releases on .nz issues

Appendix I

Delegation to the .nz Oversight Committee

The .nz Oversight Committee has full authority (within budget) to take decisions on issues related to the .nz domain name space, including but not limited to:

- Approving .nz policies, in conjunction with the InternetNZ Council;

- Authorising and de-authorising a registrar;

- Reviewing the performance of the registry on an annual basis pursuant to its contract;

- Requesting information from registrars and the registry pursuant to the contracts;

- Approving technical changes to the register and DNS (following appropriate consultation);

- Initiating reviews of specific areas - registry operations, a specific registrar etc - and appointing third parties to assist in investigation(s) of any aspect of domain name activity within .nz;

- Seeking external advice as required;

- Appointing the Domain Name Commissioner, conduct the annual review of their performance and approve remuneration changes;

- Approving participation at international meetings and selecting the participants at these;

- Directing the Domain Name Commissioner as appropriate;

- Publishing reports on .nz; and

- Issuing press releases on .nz issues.

InternetNZ Council Decisions

The Council retains decision making on:

· The long term strategy for the .nz domain name space;

· Changes to the .nz position on international issues/at international fora;

· Major transactions;

· Membership of the Oversight Committee and its members' fees; and

· The terms of reference for the Committee and any sub-committees it establishes.

Appendix 2

Delegated Authorities