This Real Estate NDA is essential for protecting confidential information in New Zealand property transactions. It should be used whenever sensitive information needs to be shared during property negotiations, due diligence, or property development planning. The document ensures compliance with New Zealand's Privacy Act 2020 and Real Estate Agents Act 2008, while providing robust protection for commercial secrets, financial data, and strategic property information. This template is particularly relevant for situations involving property sales, leases, developments, or investments where confidential information needs to be shared between parties. The agreement includes specific provisions addressing digital information security and professional obligations under New Zealand law.
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1. Parties: Identifies and defines all parties to the agreement, including the disclosing party (typically the real estate owner/agent) and receiving party
2. Background: Explains the context of the agreement, including the nature of the real estate transaction or relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Property', 'Permitted Purpose'
4. Scope of Confidential Information: Specifies what constitutes confidential information in the real estate context, including property details, financial information, and business strategies
5. Obligations of Confidentiality: Details the core confidentiality obligations, including use restrictions and security measures
6. Permitted Disclosures: Outlines circumstances where confidential information may be disclosed, such as to professional advisors or as required by law
7. Term and Termination: Specifies the duration of confidentiality obligations and circumstances for termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends
9. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement
1. Specific Property Details: Used when the NDA relates to a specific property or properties rather than general real estate dealings
2. Digital Information Security: Include when confidential information will be shared electronically or stored in digital format
3. Real Estate Agent Obligations: Include when real estate agents are involved and have specific obligations under the Real Estate Agents Act
4. Intellectual Property Rights: Include when the confidential information includes property designs, plans, or other IP-protected materials
5. Competition and Marketing Restrictions: Used when the receiving party is a potential competitor in the real estate market
6. Third Party Disclosure: Include when third parties such as contractors or consultants may need access to the confidential information
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Property Details: Details of the specific property or properties related to the confidential information
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle the confidential information
4. Appendix A - Security Protocols: Specific security measures required for handling the confidential information
5. Appendix B - Disclosure Log: Template for recording any permitted disclosures of confidential information
Relevant legal definitions
Confidential Information
Property
Permitted Purpose
Disclosing Party
Receiving Party
Authorized Representatives
Business Day
Confidentiality Period
Related Entity
Professional Advisors
Property Information
Transaction
Due Diligence
Intellectual Property Rights
Personal Information
Security Requirements
Permitted Disclosures
Representatives
Sensitive Information
Material Terms
Property Documents
Valuation Information
Commercial Terms
Development Plans
Excluded Information
Property
Permitted Purpose
Disclosing Party
Receiving Party
Authorized Representatives
Business Day
Confidentiality Period
Related Entity
Professional Advisors
Property Information
Transaction
Due Diligence
Intellectual Property Rights
Personal Information
Security Requirements
Permitted Disclosures
Representatives
Sensitive Information
Material Terms
Property Documents
Valuation Information
Commercial Terms
Development Plans
Excluded Information
Clauses
Confidentiality
Non-Disclosure
Data Protection
Property Access
Information Security
Permitted Use
Return of Information
Breach and Remedies
Intellectual Property
Term and Termination
Governing Law
Dispute Resolution
Force Majeure
Assignment
Third Party Rights
Notices
Entire Agreement
Severability
Variation
Digital Security
Property Inspection
Due Diligence
Survival
Indemnification
Non-Disclosure
Data Protection
Property Access
Information Security
Permitted Use
Return of Information
Breach and Remedies
Intellectual Property
Term and Termination
Governing Law
Dispute Resolution
Force Majeure
Assignment
Third Party Rights
Notices
Entire Agreement
Severability
Variation
Digital Security
Property Inspection
Due Diligence
Survival
Indemnification
Relevant Industries
Real Estate
Property Development
Property Management
Construction
Property Investment
Professional Services
Legal Services
Financial Services
Commercial Property
Residential Property
Relevant Teams
Legal
Real Estate
Property Management
Investment
Business Development
Operations
Facilities
Asset Management
Acquisitions
Development
Risk Management
Compliance
Relevant Roles
Real Estate Agent
Property Manager
Property Developer
Investment Manager
Real Estate Lawyer
Property Valuer
Business Development Manager
Property Consultant
Facilities Manager
Asset Manager
Real Estate Broker
Commercial Property Manager
Development Director
Real Estate Investment Analyst
Property Portfolio Manager
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