Representation Agreement for New Zealand

Representation Agreement Template for New Zealand

A New Zealand Representation Agreement is a legally binding document that establishes and governs the relationship between a principal and their appointed representative. This agreement, governed by New Zealand law including the Contract and Commercial Law Act 2017, defines the scope of authority, responsibilities, compensation, and terms of the representation relationship. It includes essential provisions for confidentiality, liability, termination conditions, and dispute resolution mechanisms, while ensuring compliance with New Zealand's legal framework for commercial relationships and agency arrangements.

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What is a Representation Agreement?

The Representation Agreement serves as a crucial legal instrument in New Zealand business relationships, establishing the framework for one party (the representative) to act on behalf of another (the principal). This document is essential when a business or individual needs to authorize another party to represent their interests, whether in sales, services, or other commercial activities. The agreement ensures clarity in roles, responsibilities, and authority levels while maintaining compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017 and the Fair Trading Act 1986. A well-drafted Representation Agreement protects both parties' interests by clearly defining the scope of representation, compensation terms, confidentiality obligations, and termination conditions.

What sections should be included in a Representation Agreement?

1. Parties: Identifies and provides full legal details of both the principal and the representative

2. Background: Explains the context and purpose of the representation relationship

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the representative's appointment and clearly defines the scope of authority

5. Term and Termination: Specifies the duration of the agreement and conditions for termination

6. Representative's Duties and Obligations: Details the specific responsibilities and obligations of the representative

7. Principal's Duties and Obligations: Outlines the principal's responsibilities and obligations

8. Compensation and Payment Terms: Specifies fees, commissions, expenses, and payment schedules

9. Confidentiality: Establishes obligations regarding confidential information

10. Intellectual Property: Addresses ownership and usage of intellectual property

11. General Provisions: Contains standard legal provisions including governing law, notices, and amendments

What sections are optional to include in a Representation Agreement?

1. Non-Competition: Include when restricting the representative from competing activities

2. Insurance Requirements: Include when specific insurance coverage is required for the representation

3. Performance Metrics: Include when specific performance standards or KPIs need to be met

4. Territory Restrictions: Include when representation is limited to specific geographic areas

5. Sub-Representatives: Include when the representative may need to appoint sub-representatives

6. Marketing and Branding: Include when the representative will be using the principal's brand or marketing materials

7. Compliance Requirements: Include when specific regulatory or industry compliance requirements apply

What schedules should be included in a Representation Agreement?

1. Schedule 1 - Services Description: Detailed description of services to be provided by the representative

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commissions, and payment structures

3. Schedule 3 - Territory Map: Map or description of authorized territory (if applicable)

4. Schedule 4 - Approved Products/Services: List of products or services covered by the representation

5. Appendix A - Power of Attorney: Specific powers granted to the representative (if applicable)

6. Appendix B - Compliance Procedures: Detailed compliance requirements and procedures

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
Clauses
Relevant Industries

Retail

Manufacturing

Professional Services

Real Estate

Financial Services

Technology

Entertainment

Healthcare

Education

Construction

Import/Export

Agriculture

Hospitality

Tourism

Relevant Teams

Legal

Commercial

Sales

Business Development

Operations

Compliance

Risk Management

Finance

Administrative

Corporate Governance

Relevant Roles

Business Development Manager

Sales Representative

Legal Counsel

Commercial Director

Contract Manager

Agency Manager

Business Owner

Chief Executive Officer

Sales Director

Procurement Manager

Distribution Manager

Channel Manager

Regional Manager

Franchise Manager

Legal Administrator

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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