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Consulting Agreement for New Zealand

Consulting Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes and regulates the professional relationship between a client and a consultant. This document defines the terms and conditions under which consulting services will be provided, including scope of work, payment terms, intellectual property rights, and confidentiality obligations. It ensures compliance with New Zealand's Contract and Commercial Law Act 2017 and related legislation, while clearly establishing the consultant's status as an independent contractor rather than an employee. The agreement provides protection for both parties and creates a clear framework for the delivery of professional services.

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Consulting Agreement

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What is a Consulting Agreement?

The Consulting Agreement is essential for businesses and professionals operating in New Zealand who engage in or provide consulting services. This document is specifically designed to comply with New Zealand legal requirements, including the Contract and Commercial Law Act 2017 and related business legislation. It is used when a client wishes to engage a consultant or consulting firm for professional services while maintaining a clear independent contractor relationship. The agreement covers crucial aspects such as service scope, fees, intellectual property rights, confidentiality, liability, and termination terms. It's particularly important in protecting both parties' interests and ensuring clarity in their professional relationship while maintaining compliance with New Zealand's legal framework regarding independent contractors and business relationships.

What sections should be included in a Consulting Agreement?

1. Parties: Identification of the client and consultant, including full legal names, addresses, and company registration details if applicable

2. Background: Context of the agreement, brief description of the client's business, and consultant's expertise

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Appointment and Scope of Services: Clear description of consultant's appointment and the services to be provided

5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

6. Fees and Payment: Compensation structure, payment terms, expenses, and invoicing procedures

7. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not employee

8. Obligations of the Consultant: Consultant's duties, standards of service, and compliance requirements

9. Obligations of the Client: Client's responsibilities, including provision of information and resources

10. Intellectual Property: Ownership and rights regarding created works and pre-existing IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnity: Limitation of liability and indemnification provisions

13. Insurance: Required insurance coverage and minimum limits

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

What sections are optional to include in a Consulting Agreement?

1. Non-Competition: Restrictions on consultant's ability to work with competitors, used when consultant will have access to sensitive competitive information

2. Non-Solicitation: Prevents consultant from soliciting client's employees or customers, used in client-facing roles

3. Performance Metrics: Specific KPIs and performance standards, used for long-term or complex engagements

4. Change Control: Process for managing changes to scope or deliverables, useful for technical or project-based consulting

5. Data Protection: Specific provisions for handling personal data, required when consulting involves data processing

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

7. Dispute Resolution: Specific dispute resolution procedures, useful for high-value or complex engagements

8. Assignment and Subcontracting: Rights to assign or subcontract services, relevant for larger consulting firms

What schedules should be included in a Consulting Agreement?

1. Schedule 1 - Services Description: Detailed scope of services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule 3 - Key Personnel: Names and roles of key consultant team members if applicable

4. Schedule 4 - Service Levels: Specific performance standards and metrics if applicable

5. Schedule 5 - Client Policies: Relevant client policies consultant must comply with

6. Appendix A - Confidential Information: Specific list of information deemed confidential

7. Appendix B - Required Insurance: Detailed insurance requirements and coverage limits

Authors

Alex Denne

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

Jurisdiction

New Zealand

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions








































Clauses








































Relevant Industries

Information Technology

Management Consulting

Professional Services

Financial Services

Healthcare

Engineering

Education

Marketing and Advertising

Environmental Services

Human Resources

Legal Services

Real Estate

Construction

Manufacturing

Retail

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Compliance

Risk Management

Project Management Office

Business Development

Strategy

Information Technology

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Procurement Manager

Legal Counsel

HR Director

Project Manager

Business Development Manager

Operations Manager

Department Head

Risk Manager

Compliance Officer

Finance Manager

IT Manager

Management Consultant

Technical Consultant

Strategy Consultant

Business Analyst

Independent Contractor

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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