Generic Consulting Agreement Template for New Zealand

A comprehensive consulting services agreement template designed for use in New Zealand, compliant with local contract law and commercial regulations. This agreement establishes the legal framework for consulting engagements, covering essential elements such as scope of services, payment terms, intellectual property rights, confidentiality, and liability provisions. It incorporates specific requirements under New Zealand law, including GST considerations, Privacy Act 2020 compliance, and relevant Health and Safety at Work Act 2015 obligations where applicable.

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What is a Generic Consulting Agreement?

This Generic Consulting Agreement is designed for use in New Zealand business environments where professional consulting services are being engaged. It serves as a robust legal framework for both individual consultants and consulting firms providing services to clients across various industries. The agreement incorporates key provisions required under New Zealand law, including compliance with the Contract and Commercial Law Act 2017, GST requirements, and privacy regulations. It is particularly suitable for situations where organizations need to engage external expertise while clearly defining the scope of work, deliverables, payment terms, and protecting both parties' interests through appropriate confidentiality and intellectual property provisions. The document includes customizable elements to accommodate different types of consulting arrangements while maintaining legal compliance and best practices in the New Zealand business context.

What sections should be included in a Generic Consulting Agreement?

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including the consultant's expertise and client's requirements

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Services: Details the consulting services to be provided, including deliverables and any exclusions

5. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated

6. Fees and Payment: Outlines the fee structure, payment terms, expenses, and GST requirements

7. Obligations of the Consultant: Sets out the consultant's duties, standards of service, and compliance requirements

8. Obligations of the Client: Describes the client's responsibilities, including provision of information and access

9. Intellectual Property: Addresses ownership and usage rights of pre-existing and created intellectual property

10. Confidentiality: Details confidentiality obligations and handling of sensitive information

11. Liability and Indemnity: Specifies liability limitations and indemnification provisions

12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

What sections are optional to include in a Generic Consulting Agreement?

1. Insurance: Required when specific insurance coverage needs to be maintained by the consultant

2. Data Protection: Needed when the services involve handling personal data or compliance with Privacy Act 2020

3. Non-Competition: Include when restricting the consultant from working with competitors is necessary

4. Non-Solicitation: Used when preventing the consultant from soliciting client's employees or customers is required

5. Health and Safety: Include when services are performed on-site or involve physical presence

6. Change Control: Needed for longer-term engagements where scope changes are likely

7. Force Majeure: Include when protection against unforeseen events is important

8. Dispute Resolution: Required when specific dispute resolution procedures are preferred over standard court proceedings

What schedules should be included in a Generic Consulting Agreement?

1. Schedule 1 - Services Description: Detailed description of consulting services, deliverables, and performance criteria

2. Schedule 2 - Fees and Payment Terms: Comprehensive breakdown of fees, rates, payment schedule, and expense policies

3. Schedule 3 - Key Personnel: Lists key personnel involved in providing the services and their roles

4. Schedule 4 - Service Levels: Specifies any applicable service levels, KPIs, or performance standards

5. Schedule 5 - Client Policies: References or includes relevant client policies the consultant must comply with

6. Appendix A - Form of Change Order: Template for documenting and approving changes to the scope of services

7. Appendix B - Confidentiality Agreement: Detailed confidentiality terms if required beyond main agreement provisions

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

Cost

Free to use

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