Shared Services Agreement for New Zealand

Shared Services Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the framework for shared services delivery between organizations. This document outlines the terms and conditions for providing and receiving shared services, including service specifications, performance standards, pricing mechanisms, governance structures, and operational procedures. It incorporates New Zealand-specific legal requirements, including compliance with the Contract and Commercial Law Act 2017, Privacy Act 2020, and other relevant legislation, while establishing clear accountability and risk allocation between parties.

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What is a Shared Services Agreement?

This Shared Services Agreement is designed for use when organizations wish to establish a formal arrangement for sharing services, resources, or facilities under New Zealand law. It is particularly suitable for businesses looking to achieve operational efficiencies, cost savings, and standardized service delivery across multiple entities. The agreement covers essential elements such as service scope, performance metrics, cost allocation, governance frameworks, and risk management, while ensuring compliance with New Zealand legal requirements. It is commonly used in group company structures, strategic partnerships, or when establishing dedicated shared service centers. The document includes comprehensive provisions for service delivery, quality standards, data protection, intellectual property rights, and exit arrangements, making it suitable for both simple and complex shared services arrangements.

What sections should be included in a Shared Services Agreement?

1. Parties: Identifies and defines the service provider and recipient(s), including their legal status and contact details

2. Background: Sets out the context and purpose of the shared services arrangement

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the agreement

4. Term and Renewal: Specifies the initial term, renewal options, and conditions for extension

5. Services: Outlines the scope of services to be provided, referencing detailed specifications in schedules

6. Service Standards: Establishes the required quality levels and performance metrics for service delivery

7. Charges and Payment: Details the fee structure, payment terms, and cost allocation methodology

8. Governance and Reporting: Establishes management structure, reporting requirements, and review processes

9. Data Protection and Privacy: Sets out obligations regarding data handling, security, and privacy compliance

10. Intellectual Property: Addresses ownership and usage rights of IP created or used in service delivery

11. Confidentiality: Defines confidential information and protection obligations

12. Liability and Indemnities: Specifies liability limitations and indemnification obligations

13. Force Majeure: Addresses handling of events beyond reasonable control

14. Termination: Sets out termination rights, process, and consequences

15. Exit and Migration: Establishes procedures for service transition upon termination

16. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law

What sections are optional to include in a Shared Services Agreement?

1. Change Management: Include when services are complex or likely to require frequent modifications

2. Business Continuity: Add for critical services requiring disaster recovery and continuity planning

3. Staff and Resource Management: Include when staff transfers or shared resources are involved

4. Compliance and Audit Rights: Add for regulated industries or when regular audits are required

5. Security Requirements: Include when handling sensitive data or accessing secure systems

6. Environmental Compliance: Add when services have environmental impacts or requirements

7. Third-Party Rights: Include when services involve or affect third parties

8. Anti-Bribery and Corruption: Add for international services or high-risk jurisdictions

What schedules should be included in a Shared Services Agreement?

1. Schedule 1 - Service Descriptions: Detailed specifications of each service to be provided

2. Schedule 2 - Service Levels: Specific performance metrics, KPIs, and measurement methods

3. Schedule 3 - Charges: Detailed pricing, cost allocation, and charging mechanisms

4. Schedule 4 - Governance Procedures: Detailed governance structure, meeting schedules, and escalation procedures

5. Schedule 5 - Technical Requirements: Technical specifications, systems access, and infrastructure requirements

6. Schedule 6 - Security and Data Protection: Detailed security protocols and data handling procedures

7. Schedule 7 - Business Continuity Plan: Detailed continuity and disaster recovery procedures

8. Schedule 8 - Exit Plan: Detailed transition and handover procedures

9. Schedule 9 - Key Personnel: Lists key staff and their roles/responsibilities

10. Schedule 10 - Form of Change Request: Template and process for requesting service changes

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

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Healthcare

Manufacturing

Technology

Retail

Professional Services

Education

Government

Telecommunications

Energy and Utilities

Transportation and Logistics

Real Estate

Construction

Mining and Resources

Relevant Teams

Legal

Finance

Operations

Information Technology

Human Resources

Procurement

Risk and Compliance

Facilities Management

Business Development

Project Management

Service Delivery

Contract Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Head of Shared Services

Legal Counsel

Operations Director

Finance Director

Procurement Manager

IT Director

HR Director

Facilities Manager

Business Development Manager

Risk Manager

Compliance Officer

Service Delivery Manager

Contract Manager

Project 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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