Congratulations to the .uk for giving the right to the co.uk. Such a considered and sensible decision . It was fairest to the greatest number and immediately clarified matters. It has gone well for them and I particularly like registrants being referred to as customers, denoting that the registry knows were the money comes from.
Unfortunately our Domain Name Commission live in la la land.
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'For reasons of fairness, where there is more than one registrant competing for a .nz domain name to be registered directly at the second level the Domain Name Commission does not believe preference could be given to the oldest registration.'
'Similarly, the Domain Name Commission does not believe one second level should have preference over any other. For example, the Registrant of anyname.co.nz should not be treated differently to the Registrant of anyname.school.nz.'
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So there you go, the two most logical tests of fairness for the right to the .nz dismissed as unfair by the Domain Name Commission : the age, who was first to register, which is the universally accepted fairness test in trademark law, or the fairness for the greatest number as in the .uk example. Remember that with .co.nz it is quite probably one and the same.
What the commission did was effectively not make a decision, throwing it all into being conflicted and contestable. We are now the ones who will have to spend our time and money dealing with the consequences and trying to sort it out.
If there's a problem in the sign-up period, if the extortion time window hasn't gone well for you, say the registrant of .geek.nz version of your name is demanding more cash, then you will have to submit to the commission's own in-house judicial system. It will be like a baby contest, totally subjective, with them knowing best. Well, if it is something more, if it is transparent, consistent, and predictable, then why don't they tell us right now, apply it immediately. They won't because they can't. It is just dreamt up nonsense. And look: 'After that, if there's still no agreement on who'll get the name, it will be unavailable for registration.' Heck 'unavailable for registration'. There will be 'holes' (non resolving names) all over the .nz space and these will be some of the best and longest established domain names.
And if you're not happy with the outcomes, then you will have to pay more because you have no option but to go through levels of appeals costing up to $7000. And of course it's all under their control.
It's a nonsense and a total burden on businesses. There is a growing movement to stop it in it's tracks. The Domain Name Commissioner bears ultimate responsibility and should be sacked.
