Non Disclosure Settlement Agreement for New Zealand

Non Disclosure Settlement Agreement Template for New Zealand

This document is a comprehensive legal agreement governed by New Zealand law that combines settlement terms with non-disclosure obligations. It serves the dual purpose of resolving disputes or claims while ensuring confidentiality of the settlement terms and related information. The agreement incorporates key elements of New Zealand contract law, privacy legislation, and settlement principles, providing a legally binding framework for parties to resolve disputes while maintaining confidentiality. It includes specific provisions for enforcement under New Zealand jurisdiction and reflects local legal requirements for both settlement agreements and confidentiality obligations.

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What is a Non Disclosure Settlement Agreement?

The Non-Disclosure Settlement Agreement is a specialized legal document used in New Zealand when parties need to resolve disputes or claims while maintaining strict confidentiality about the terms and circumstances of the settlement. This document type is particularly relevant in situations involving employment disputes, commercial disagreements, or personal grievances where parties wish to maintain privacy while achieving final resolution. The agreement must comply with New Zealand's Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant case law regarding settlement enforceability. It typically includes detailed provisions for settlement terms, confidentiality obligations, mutual releases, and remedies for breach, while ensuring all terms are enforceable under New Zealand law. This document type is essential for protecting both parties' interests while providing a clear framework for dispute resolution and ongoing confidentiality obligations.

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

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

2. Background: Sets out the context of the dispute or circumstances leading to the settlement and NDA

3. Definitions: Defines key terms used throughout the agreement, including what constitutes 'Confidential Information'

4. Settlement Terms: Details the settlement amount, payment terms, and conditions of settlement

5. Confidentiality Obligations: Specifies the core confidentiality requirements, including scope and duration

6. Permitted Disclosures: Outlines circumstances where confidential information may be disclosed (e.g., to legal advisors, as required by law)

7. Return or Destruction of Information: Requirements for handling confidential materials after the agreement

8. Non-Disparagement: Mutual obligations regarding making negative statements about other parties

9. Release and Waiver: Mutual release of claims related to the settled matters

10. Breach and Remedies: Consequences of breaching the agreement and available remedies

11. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments

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

1. Employment References: Used when the settlement relates to employment matters and includes terms about future references

2. Mutual Obligations: When confidentiality obligations are two-way rather than one-way

3. Third Party Rights: When the settlement affects or benefits other parties not directly signing the agreement

4. Tax Treatment: When specific tax implications need to be addressed regarding the settlement payment

5. Ongoing Obligations: When certain obligations continue beyond the settlement (e.g., intellectual property rights)

6. Media Communications: When specific provisions about public announcements or media handling are needed

7. Regulatory Compliance: When specific regulatory requirements need to be addressed

8. Insurance Claims: When insurance matters are involved in the settlement

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

1. Schedule 1 - Settlement Payment Details: Detailed breakdown of settlement amounts and payment terms

2. Schedule 2 - Confidential Information: Specific list or categories of confidential information covered by the agreement

3. Schedule 3 - Agreed Statement: Any agreed public statement or reference wording if applicable

4. Schedule 4 - Related Parties: List of related entities or individuals covered by the agreement

5. Appendix A - Form of Release: Standard form for executing the release of claims

6. Appendix B - Deed of Undertaking: Any additional undertakings required by related parties

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

Legal Services

Financial Services

Healthcare

Technology

Manufacturing

Professional Services

Education

Retail

Construction

Media and Entertainment

Telecommunications

Real Estate

Insurance

Consulting

Relevant Teams

Legal

Human Resources

Executive Leadership

Risk Management

Compliance

Finance

Corporate Governance

Operations

Administration

Industrial Relations

Relevant Roles

Legal Counsel

Human Resources Director

Chief Executive Officer

Chief Financial Officer

Risk Manager

Compliance Officer

Human Resources Manager

Corporate Secretary

Operations Manager

Department Head

General Manager

Settlement Officer

Privacy Officer

Business Unit Director

Executive Director

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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