Ex Gratia Payment Settlement Agreement Template for New Zealand

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Key Requirements PROMPT example:

Ex Gratia Payment Settlement Agreement

"I need an Ex Gratia Payment Settlement Agreement for a $50,000 payment to a former contractor following a workplace incident, with strict confidentiality provisions and payment to be made by March 15, 2025, under New Zealand law."

Document background
The Ex Gratia Payment Settlement Agreement is a specialized legal document used in New Zealand when an organization or individual wishes to make a voluntary payment without accepting legal liability or setting a precedent. This document type is commonly used in situations involving goodwill gestures, dispute resolution, or compensation outside standard legal obligations. It must comply with New Zealand contract law, tax regulations, and privacy requirements while clearly establishing the payment's voluntary nature. The agreement typically includes payment terms, tax considerations, confidentiality provisions, and appropriate releases, making it suitable for various scenarios from corporate settlements to government compensation schemes. It's particularly important that the document clearly distinguishes the payment from any legally required obligations and includes appropriate protections for all parties involved.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement

2. Background: Sets out the context and circumstances leading to the ex gratia payment

3. Definitions: Defines key terms used throughout the agreement

4. Payment Terms: Specifies the amount, timing, and method of the ex gratia payment

5. Voluntary Nature: Explicitly states that the payment is made voluntarily and without admission of liability

6. Tax Treatment: Addresses the tax implications and responsibilities regarding the payment

7. Release and Waiver: Details the claims being released and waived by the receiving party

8. Confidentiality: Sets out obligations regarding confidentiality of the agreement and its terms

9. Entire Agreement: Confirms this document represents the complete agreement between parties

10. Governing Law: Specifies that New Zealand law governs the agreement

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Employment Status: Required when the payment relates to an employment relationship, confirming employment status or termination

2. Non-Disparagement: Optional clause preventing parties from making negative statements about each other

3. Return of Property: Used when there is company property to be returned as part of the settlement

4. Ongoing Obligations: Required when certain obligations continue after settlement (e.g., intellectual property rights)

5. Legal Advice: Acknowledgment that parties have received or had the opportunity to receive independent legal advice

6. Dispute Resolution: Optional detailed dispute resolution process if not relying on standard court jurisdiction

7. Surviving Provisions: Identifies which provisions survive termination of the agreement

Suggested Schedules

1. Payment Schedule: Details of payment amount, timing, and bank account information

2. Specific Claims: Detailed list of specific claims being settled and released

3. Tax Declaration: Any specific tax declarations or forms required for the payment

4. Property List: If applicable, inventory of any property to be returned

5. Related Agreements: List of any related agreements affected by or referenced in this settlement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Financial Services

Insurance

Government

Healthcare

Education

Manufacturing

Professional Services

Retail

Technology

Non-Profit

Construction

Transport and Logistics

Relevant Teams

Legal

Human Resources

Finance

Compliance

Risk Management

Operations

Public Relations

Executive Leadership

Administrative

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Human Resources Director

Risk Manager

Compliance Officer

Finance Manager

HR Manager

Claims Manager

Settlement Officer

Company Secretary

Operations Manager

Department Head

Public Relations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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