Non Compete Contract for New Zealand

Non Compete Contract Template for New Zealand

A legally binding agreement governed by New Zealand law that restricts one party from competing with another party's business interests for a specified period and within a defined geographic area. The document outlines specific restrictions on business activities, employment, customer solicitation, and use of confidential information. It must comply with New Zealand employment and contract law principles, particularly regarding reasonableness and legitimate business interests. The agreement includes detailed provisions for enforcement, remedies for breach, and must provide adequate consideration to be legally valid under New Zealand jurisdiction.

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What is a Non Compete Contract?

A Non-Compete Contract is a crucial legal instrument used in New Zealand business contexts to protect legitimate business interests by preventing competition from former employees, business partners, or other parties who have had access to sensitive information or relationships. This document is typically used during employment termination, business sales, partnership dissolutions, or when engaging contractors who will have access to valuable business information. The agreement must carefully balance the protection of business interests with New Zealand legal requirements for restraint of trade, ensuring restrictions are reasonable in duration, geographic scope, and activities prohibited. It should include clear definitions of restricted activities, territory, and time period, while providing adequate consideration to the restricted party. The document must comply with New Zealand's Employment Relations Act 2000 and Contract and Commercial Law Act 2017, among other relevant legislation.

What sections should be included in a Non Compete Contract?

1. Parties: Identification of the parties entering into the non-compete agreement, including full legal names and addresses

2. Background: Context of the agreement, including the nature of the employment/business relationship and reason for the non-compete

3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Restricted Business', 'Territory', and 'Restricted Period'

4. Scope of Restrictions: Detailed description of prohibited activities, including competing businesses, solicitation of customers/employees

5. Duration and Territory: Specific timeframe and geographic area where restrictions apply

6. Consideration: Details of what the restricted party receives in exchange for accepting the restrictions

7. Acknowledgments: Party's confirmation that restrictions are reasonable and necessary

8. Exceptions: Circumstances where restrictions don't apply

9. Breach and Remedies: Consequences of violating the agreement and available remedies

10. General Provisions: Standard contract clauses including governing law, severability, and entire agreement

What sections are optional to include in a Non Compete Contract?

1. Garden Leave: Optional section for employment contexts where the employee may be required to stay away from work during notice period while receiving pay

2. Post-Employment Obligations: Additional section for employment contexts covering return of property and ongoing obligations

3. Independent Legal Advice: Section confirming the restricted party has received or had the opportunity to receive independent legal advice

4. Monitoring and Compliance: Optional provisions for reporting and verification of compliance

5. Assignment Rights: Optional section dealing with the right to assign the agreement to another party

What schedules should be included in a Non Compete Contract?

1. Schedule 1 - Restricted Territory: Detailed map or description of the geographic area where restrictions apply

2. Schedule 2 - Restricted Businesses: List of specific competitors or types of businesses considered competitive

3. Schedule 3 - Consideration Details: Breakdown of any financial or other consideration provided

4. Appendix A - Acknowledgment Form: Form for periodic acknowledgment of compliance with restrictions

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

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant Industries

Technology

Professional Services

Healthcare

Financial Services

Manufacturing

Retail

Research and Development

Consulting

Software Development

Pharmaceuticals

Engineering

Sales and Marketing

Education

Telecommunications

Relevant Teams

Human Resources

Legal

Executive Leadership

Sales

Business Development

Research and Development

Product Development

Customer Relations

Operations

Information Technology

Marketing

Finance

Relevant Roles

Chief Executive Officer

Senior Manager

Sales Director

Technical Lead

Research Scientist

Software Engineer

Business Development Manager

Product Manager

Account Executive

Marketing Director

Chief Technology Officer

Senior Consultant

Regional Manager

Head of Operations

Chief Financial Officer

Research Director

Senior Developer

Client 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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