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Cease And Desist Letter Non Compete Template for New Zealand

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Key Requirements PROMPT example:

Cease And Desist Letter Non Compete

"I need a Cease and Desist Letter Non Compete for a former senior software developer who left our tech company in January 2025 and is now working for a direct competitor in Auckland, using our proprietary code and contacting our clients."

Document background
The Cease And Desist Letter Non Compete is a critical legal tool used in New Zealand when an organization needs to enforce non-compete provisions against former employees or contractors who are violating their contractual obligations. This document is typically employed when there is clear evidence that a former employee is engaging in competitive activities within the restricted period and geographic area specified in their non-compete agreement. The letter must comply with New Zealand employment law principles, particularly regarding the reasonableness of restraint of trade provisions under the Contract and Commercial Law Act 2017 and the Employment Relations Act 2000. It should outline specific violations, provide evidence, state demands clearly, and set reasonable compliance deadlines. This document often serves as a prerequisite to legal proceedings and demonstrates the employer's attempt to resolve the matter formally before pursuing court action.
Suggested Sections

1. Sender Details and Date: Full legal name, address, and contact information of the sending party and their legal representatives

2. Recipient Details: Full legal name and address of the recipient (former employee or contractor)

3. Subject Line: Clear identification as a Cease and Desist Letter regarding Non-Compete Agreement violation

4. Reference to Original Agreement: Specific details about the non-compete agreement, including date signed and relevant terms

5. Description of Violations: Detailed description of the specific actions that violate the non-compete agreement

6. Legal Rights Statement: Statement of legal rights under the agreement and New Zealand law

7. Demands: Clear, numbered list of specific actions required from the recipient

8. Deadline and Consequences: Specific timeline for compliance and consequences of non-compliance

9. Closing and Signature: Formal closing, signature, and details of legal representation if applicable

Optional Sections

1. Customer Solicitation Details: Include when there's evidence of the recipient contacting or working with protected customers

2. Intellectual Property Violations: Include when confidential information or trade secrets have been compromised

3. Previous Communications: Reference any prior warnings or communications about the violations

4. Economic Damage Statement: Include when there's quantifiable economic damage from the violations

5. Settlement Offer: Optional section proposing terms for resolution without litigation

Suggested Schedules

1. Original Non-Compete Agreement: Copy of the signed non-compete agreement

2. Evidence of Violations: Documentation, screenshots, witness statements, or other evidence of non-compete violations

3. Timeline of Events: Chronological listing of relevant events and violations

4. Customer/Client List: If relevant, list of protected customers or clients covered by the non-compete agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses

















Relevant Industries

Technology and Software

Professional Services

Financial Services

Healthcare

Manufacturing

Consulting

Retail and E-commerce

Research and Development

Media and Entertainment

Telecommunications

Relevant Teams

Legal

Human Resources

Executive Leadership

Sales

Business Development

Research and Development

Product Development

Information Technology

Operations

Client Services

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Business Development Manager

Sales Director

Technical Lead

Senior Software Engineer

Product Manager

Account Executive

Research Director

Department Head

Regional Manager

Senior Consultant

Chief Technology Officer

Operations 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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