This Executive Contract is designed for use when appointing senior-level executives in New Zealand organizations. It provides a robust framework for establishing the employment relationship between a company and its executive employees, ensuring compliance with New Zealand employment law, including the Employment Relations Act 2000, Companies Act 1993, and other relevant legislation. The document is particularly suitable for appointments of C-suite executives, managing directors, and other senior leadership positions, incorporating provisions for remuneration packages, performance expectations, strategic responsibilities, and post-employment obligations. This agreement includes comprehensive terms addressing confidentiality, intellectual property, restraint of trade, and other key aspects specific to executive-level employment relationships in the New Zealand business context.
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1. Parties: Identifies the employer entity and the executive employee with full legal names and addresses
2. Background: Sets out the context of the agreement and the intention to employ the executive
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Term: Details of the position, commencement date, and whether fixed-term or permanent
5. Duties and Responsibilities: Outlines the executive's key responsibilities, reporting lines, and performance expectations
6. Place of Work: Specifies primary work location and any flexibility arrangements
7. Hours of Work: States expected working hours while acknowledging the flexible nature of executive roles
8. Remuneration: Details of base salary, review periods, and payment arrangements
9. Benefits: Overview of standard executive benefits package
10. Leave Entitlements: Specifies all leave entitlements including annual, sick, and public holidays
11. Confidentiality: Obligations regarding confidential information during and after employment
12. Intellectual Property: Assignment and protection of IP created during employment
13. Restraint of Trade: Post-employment restrictions including non-compete and non-solicitation provisions
14. Termination: Grounds for termination and notice periods
15. Company Policies: Acknowledgment and compliance with company policies
16. General Provisions: Standard boilerplate clauses including governing law and entire agreement
1. Director Obligations: Required if the executive will also serve as a company director
2. Share Options/Equity: Include if the executive is offered company shares or share options
3. International Travel: Include if role requires significant international travel
4. Relocation: Include if the executive is relocating for the position
5. Change of Control: Include provisions relating to company sale or merger scenarios
6. Performance Bonus: Details of any performance-based incentive schemes
7. Additional Statutory Appointments: Required if executive will hold other statutory positions
8. Garden Leave: Include if specific garden leave provisions are required
9. Medical Insurance: Include if private medical insurance is provided
10. Vehicle Allowance: Include if a company vehicle or vehicle allowance is provided
1. Schedule 1 - Position Description: Detailed description of the executive's role, responsibilities, and KPIs
2. Schedule 2 - Remuneration Package: Comprehensive breakdown of salary, benefits, and incentives
3. Schedule 3 - Restraint Provisions: Detailed restraint of trade terms including geographical areas and time periods
4. Schedule 4 - Company Policies: List of applicable company policies the executive must comply with
5. Appendix A - Share Option Terms: Details of any share option or equity scheme (if applicable)
6. Appendix B - Relocation Terms: Detailed relocation package and conditions (if applicable)
7. Appendix C - Performance Bonus Scheme: Details of bonus calculation and payment terms (if applicable)
8. Appendix D - Motor Vehicle Policy: Terms of company vehicle or vehicle allowance (if applicable)
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Manufacturing
Healthcare
Retail
Professional Services
Energy
Telecommunications
Mining and Resources
Construction
Education
Transport and Logistics
Agriculture
Media and Entertainment
Real Estate
Tourism and Hospitality
Relevant Teams
Human Resources
Legal
Finance
Operations
Executive Office
Corporate Affairs
Governance
Risk and Compliance
Strategy
Board Secretariat
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Chief Technology Officer
Chief Marketing Officer
Managing Director
Executive Director
General Manager
Regional Director
Country Manager
Vice President
Head of Department
Executive Vice President
Group Executive
Division Head
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