Non Compete Disclosure Agreement for New Zealand

Non Compete Disclosure Agreement Template for New Zealand

A comprehensive legal document governed by New Zealand law that combines non-competition and confidentiality obligations. It establishes restrictions on competitive activities while protecting confidential information, trade secrets, and business interests. The agreement defines the scope, duration, and geographical limitations of non-compete obligations, ensuring compliance with New Zealand's restraint of trade principles and employment laws. It includes specific provisions for protecting confidential information, enforcement mechanisms, and remedies for breach, while maintaining reasonable restrictions that would be enforceable under New Zealand jurisdiction.

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What is a Non Compete Disclosure Agreement?

This Non-Compete Disclosure Agreement is designed for use in situations where parties need to protect business interests, confidential information, and competitive advantage under New Zealand law. It is particularly relevant when engaging new employees, during business sales, establishing partnerships, or when sharing sensitive information with contractors or consultants. The document combines non-competition restrictions with confidentiality obligations, ensuring comprehensive protection while maintaining compliance with New Zealand's legal framework regarding restraint of trade. It includes essential provisions for defining restricted activities, geographical limitations, and time periods, along with mechanisms for protecting confidential information and trade secrets. The agreement is structured to be reasonable and enforceable under New Zealand courts, taking into account the balance between legitimate business interests and individual rights to work.

What sections should be included in a Non Compete Disclosure Agreement?

1. Parties: Identifies and defines all parties to the agreement, including their legal names, addresses, and any relevant corporate details

2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Competitive Activity', and 'Restricted Period'

4. Confidentiality Obligations: Details the obligations regarding confidential information, including use, storage, and protection requirements

5. Non-Compete Provisions: Specifies the scope of competitive activities that are prohibited, including geographical and temporal limitations

6. Duration and Territory: Clearly defines the time period and geographical area where the restrictions apply

7. Permitted Activities: Outlines activities that are explicitly allowed despite the non-compete provisions

8. Return of Confidential Information: Procedures for returning or destroying confidential information upon termination or request

9. Breach and Remedies: Describes what constitutes a breach and the available remedies, including injunctive relief

10. Governing Law and Jurisdiction: Specifies New Zealand law as governing law and defines jurisdiction for dispute resolution

11. General Provisions: Standard contract clauses including severability, entire agreement, and amendment procedures

What sections are optional to include in a Non Compete Disclosure Agreement?

1. Non-Solicitation Provisions: Additional restrictions on soliciting employees, customers, or suppliers - included when business relationships need specific protection

2. Intellectual Property Rights: Specific provisions regarding IP ownership and usage - included when IP is a significant concern

3. Assignment and Succession: Rules about transferring rights under the agreement - included for corporate entities or when succession planning is relevant

4. Dispute Resolution: Detailed alternative dispute resolution procedures - included when parties prefer specific resolution mechanisms

5. Survival Clause: Specifies which obligations continue after termination - included when certain provisions need to extend beyond the agreement's term

6. Independent Contractor Relationship: Clarifies the nature of the relationship - included when the agreement is not part of an employment relationship

What schedules should be included in a Non Compete Disclosure Agreement?

1. Schedule 1 - Restricted Activities: Detailed list of specific activities that constitute prohibited competitive behavior

2. Schedule 2 - Territorial Scope: Detailed description or maps of the geographical areas where restrictions apply

3. Schedule 3 - Confidential Information: Specific categories and examples of confidential information covered by the agreement

4. Appendix A - Consideration: Details of any consideration provided in exchange for the non-compete obligations

5. Appendix B - Related Entities: List of affiliated companies or entities covered by the agreement

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

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

Professional Services

Healthcare

Financial Services

Manufacturing

Research and Development

Biotechnology

Retail

Consulting

Software Development

Engineering

Telecommunications

Pharmaceuticals

Media and Entertainment

Relevant Teams

Legal

Executive Leadership

Sales

Research & Development

Product Development

Human Resources

Information Technology

Business Development

Operations

Finance

Marketing

Strategy

Engineering

Customer Success

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Developer

Sales Director

Business Development Manager

Research Scientist

Product Manager

Technical Lead

Senior Consultant

Account Manager

Operations Director

Human Resources Manager

Financial Controller

Marketing Director

Strategy Consultant

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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