www.maori.co.nz vs www.māori.co.nz

03 August 2009
With Māori Language week ending last Sunday, we can take time to reflect on how successful it’s been in aiding the survival and preservation of Te Reo Māori .


With the gift of hindsight, we can laugh at the complaints and objections to the use of Māori place-names in television weather reports. We can also look to the future and consider how a new proposal released by the Domain Names Commission (DNC) could impact on the use of Te Reo Māori on the internet.

Draft policy

The DNC released a policy in June that could see domain names including macronised vowels, ā, ē, ī, ō and ū. Previously, domain names in the .nz space could only include the 26 basic English (Latin) alphabet characters a to z, digits, and the ‘-‘ hyphen.  This policy means domain names could include even more words from Te Reo Māori .

This policy follows similar policies overseas as domain name registrars look to extend their internet spaces to recognise the character sets used by different languages.

Expanding the .nz space can only help in the crusade to preserve and encourage the use of Te Reo Māori , but the policy only goes so far.

The DNCs standard policy is to register domain names on a ‘first come, first served’ basis.  Any party can register a Te Reo Māori  domain name in the .nz space and even in the .com space.  We recognise that sometimes the right to a Te Reo Māori  domain name should appropriately sit with certain individuals, organisations, and corporates.

But, with no investigation into the ownership of a domain name, there a real risk we could see more misuse and misappropriation of Te Reo Māori  on the internet through the use and registration of Te Reo Māori domain names.  Is it time to review this practice, and should a process be set up to recognise Māori concerns?


Sunrise registration period

The draft policy proposes a sunrise registration period for registering Te Reo Māori domain names in the .nz domain name space from 5 February 2010 to 3 May 2010.

During the sunrise registration period, owners of .nz domain names can register a Te Reo Māori domain name if it is a variant of their current domain name.  If current .nz domain name owners do not register the Te Reo Māori variation of their domain name during the sunrise period, then the variant will be available for others to buy after the sunrise period expires.

If any dispute arises from multiple applications received for the same Te Reo Māori domain name, a random selection process will apply.

The policy does not include a right for a third-party to intervene in registrations for Te Reo Māori domain names during the sunrise registration period.

At the end of the sunrise period, all remaining Te Reo Māori domain names will be open to registration by anyone on a ‘first come, first served’ basis.


Objections to domain names

DNC set up a Dispute Resolution Service for domain names in June 2006.  A person can file a complaint at the DNC against a domain name if:

  1. the complainant has rights in a name or mark that is identical or similar to the domain name, and
  2. the domain name, in the hands of the respondent, is an unfair registration.


A complaint under the Dispute Resolution Service could raise objections on the misuse or misappropriation of a Te Reo Māori domain name, but difficulties could arise.

First, the complainant must show they have rights in the domain name.  This in itself could be difficult to prove given that Māori view their language as a taonga, owned by the collective.  Therefore, proving that one complainant has rights in a name or mark identical or similar to the domain name could be difficult.

There will be situations where a Māori organisation could provide evidence to support this ground.  But, this will not always be the case.

Second, the domain name, in the hands of the respondent, must be an unfair registration. Although the use of the domain name may be inappropriate, and breach cultural values, this may not fall within the DNC’s definition of an unfair registration, which aim to correct commercial wrongs.


Māori Advisory Committee

An alternative available to the DNC is to set up a Māori Advisory Committee similar to that set up under the Trade Marks Act 2002.  The Māori Advisory Committee reviews any trade marks filed under the Trade Marks Act 2002 that incorporate Māori words or imagery and advise the Commissioner of Trade Marks if the use of that trade mark is likely to offend Māori.  A similar regime for the DNC could go some way to addressing the issues outlined above, and stem misuse and misappropriation of Te Reo Māori in domain names on the internet.


Conclusion

Extending the .nz internet space to include macronised vowels is a wonderful step to encourage use of Te Reo Māori on the internet.  But the DNC must continue with caution and be aware this could open the door for more misuse and misappropriation of the Te Reo Māori.  A dispute process may be useful for considering these issues or refering applications for Te Reo Māori domain names to a Committee, that can then advise the DNC. If not, we could see a dispute between www.maori.co.nz and www.māori.co.nz.


Biography of the author

Lynell is a senior associate specialising in trade marks and branding.  Lynell is of Ngāti Ruanui descent and has developed a particular interest in protecting indigenous culture. Lynell also specialises in advising on protecting trade marks throughout the Pacific Islands.

If you have any queries about protecting indigenous rights or any other aspect of intellectual property law in New Zealand, Australia or the Pacific region, you can contact Lynell by phone: +64 4 498 3425 or email: lynell.tuffery@ajpark.com.

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