Simple Agency Agreement for New Zealand

Simple Agency Agreement Template for New Zealand

A Simple Agency Agreement under New Zealand law is a legal document that establishes and governs the relationship between a principal and an agent, where the agent is authorized to act on behalf of the principal within specified parameters. This agreement, governed by New Zealand contract law and relevant statutes including the Contract and Commercial Law Act 2017, sets out the scope of authority, duties, responsibilities, remuneration, and termination provisions. It provides a clear framework for agency relationships while ensuring compliance with New Zealand's legal requirements and commercial practices.

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What is a Simple Agency Agreement?

The Simple Agency Agreement is a fundamental commercial document used in New Zealand business contexts where one party needs to formally authorize another to act on their behalf. This agreement is essential when establishing commercial representation, sales agency, or service provision relationships. It comprehensively addresses key aspects including appointment terms, scope of authority, duties, remuneration, and termination rights, while ensuring compliance with New Zealand law, particularly the Contract and Commercial Law Act 2017 and Fair Trading Act 1986. The document is designed to provide clear guidelines and protections for both principals and agents, helping prevent disputes and misunderstandings about the scope and nature of the agency relationship.

What sections should be included in a Simple Agency Agreement?

1. Parties: Identifies and provides full legal details of the Principal and the Agent

2. Background: Sets out the context of the agreement and the parties' intention to enter into an agency relationship

3. Definitions: Defines key terms used throughout the agreement for clarity and certainty

4. Appointment and Scope: Establishes the agency relationship and clearly defines the scope of the agent's authority

5. Duration: Specifies the term of the agreement, including start date and whether it's fixed-term or ongoing

6. Agent's Duties and Responsibilities: Details the core obligations and responsibilities of the agent

7. Principal's Duties and Responsibilities: Outlines the principal's obligations to the agent

8. Remuneration: Specifies fees, commissions, and payment terms

9. Liability and Indemnity: Sets out the liability arrangements and any indemnities between the parties

10. Termination: Describes how and when the agreement can be terminated by either party

11. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

What sections are optional to include in a Simple Agency Agreement?

1. Confidentiality: Required when the agent will have access to confidential information or trade secrets

2. Intellectual Property: Needed when the agency relationship involves creation or use of intellectual property

3. Non-Competition: Include when restricting the agent from competing activities is necessary

4. Sub-Agents: Required if the agent may appoint sub-agents

5. Insurance: Include when specific insurance requirements are needed for the agency activities

6. Reporting Requirements: Add when regular reporting from agent to principal is required

7. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard court jurisdiction

What schedules should be included in a Simple Agency Agreement?

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

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

3. Schedule 3 - Territory: If applicable, defines the geographical area where the agent is authorized to act

4. Schedule 4 - Approved Sub-Agents: If applicable, list of pre-approved sub-agents

5. Appendix A - Power of Attorney: If required, formal power of attorney documentation

6. Appendix B - Reporting Templates: Standard forms or templates for required reports and communications

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

Agency Agreement

Cost

Free to use
Clauses
Relevant Industries

Retail

Real Estate

Manufacturing

Distribution

Professional Services

Technology

Import/Export

Financial Services

Healthcare

Consumer Goods

Agriculture

Tourism

Construction

Education

Relevant Teams

Legal

Commercial

Sales

Business Development

Operations

Procurement

Compliance

Risk Management

Corporate Services

Administrative

Executive Leadership

Relevant Roles

Business Development Manager

Sales Representative

Commercial Director

Legal Counsel

Contract Manager

Operations Manager

Company Director

Procurement Manager

Sales Agent

Distribution Manager

Regional Manager

Business Owner

Chief Executive Officer

Commercial Manager

Compliance Officer

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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