Intern Non Disclosure Agreement Template for New Zealand

An Intern Non Disclosure Agreement is a specialized confidentiality contract that protects your organization's sensitive information when engaging interns in New Zealand. This legal document creates binding obligations for interns to maintain confidentiality regarding trade secrets, client information, proprietary processes, and intellectual property they encounter during their internship period.

When do you need this document?

You need an Intern Non Disclosure Agreement whenever you bring on interns who will access confidential business information, regardless of whether the position is paid or unpaid. This includes university students completing academic requirements, career changers gaining experience, or young professionals in entry-level training programs. The agreement is particularly crucial when interns will work with client databases, participate in strategic meetings, access financial information, or contribute to product development. Even interns in administrative roles often encounter sensitive information that requires protection. Educational institutions may also require these agreements as part of their internship program protocols to ensure student placements meet legal standards.

Key legal considerations

Your agreement must clearly define what constitutes confidential information, including written documents, verbal communications, digital files, and observed business practices. The scope should be reasonable and directly related to legitimate business interests to ensure enforceability under New Zealand law. Duration clauses must specify how long confidentiality obligations continue after the internship ends, typically ranging from one to five years depending on the information's sensitivity. You should include provisions for return or destruction of confidential materials upon completion of the internship. The agreement must address potential conflicts between confidentiality obligations and academic requirements, allowing interns to fulfill course assignments without breaching confidentiality. Consider including carve-outs for information already in the public domain or independently developed by the intern.

Legal requirements in New Zealand

Under the Employment Relations Act 2000, your agreement must comply with good faith obligations and fair dealing principles, ensuring terms are reasonable and clearly explained. The Privacy Act 2020 requires you to handle any personal information accessed by interns responsibly, including proper storage, limited access, and secure disposal. Your confidentiality clauses must align with the Contract and Commercial Law Act 2017, ensuring they are not unconscionable or contrary to public policy. The Fair Trading Act 1986 prohibits misleading or deceptive conduct, requiring transparent disclosure of all confidentiality expectations. If your intern is under 18, additional considerations apply, potentially requiring parental consent and ensuring terms are appropriate for a minor's understanding. The agreement should specify New Zealand jurisdiction for any disputes and reference applicable local laws. Copyright Act 1994 implications must be considered if interns may create or access copyrighted materials during their engagement.