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Non Compete Non Circumvent Agreement for New Zealand

Non Compete Non Circumvent Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that combines non-compete and non-circumvent provisions to protect business interests, relationships, and competitive advantages. The document establishes restrictions on competitive activities and direct/indirect circumvention of business relationships, while ensuring compliance with New Zealand competition laws and commercial regulations. It includes specific provisions for duration, geographic scope, and permitted activities, structured to meet the reasonableness requirements under New Zealand legal precedents and statutory framework.

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Non Compete Non Circumvent Agreement

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What is a Non Compete Non Circumvent Agreement?

The Non-Compete Non-Circumvent Agreement is a crucial legal instrument in New Zealand's commercial landscape, designed to protect businesses from unfair competition and unauthorized circumvention of business relationships. This document is particularly relevant when engaging with contractors, employees, or business partners who will have access to sensitive information or valuable business relationships. The agreement must be carefully drafted to comply with New Zealand's competition laws, employment regulations, and common law principles regarding restraint of trade. It typically includes specific provisions about duration, geographic scope, and restricted activities, while ensuring the restrictions are reasonable and enforceable under New Zealand law. The document is commonly used in situations involving business partnerships, employment relationships, contractor engagements, or commercial collaborations where protecting proprietary information and business relationships is essential.

What sections should be included in a Non Compete Non Circumvent Agreement?

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and company registration details if applicable

2. Background: Context of the agreement, relationship between parties, and legitimate business interests being protected

3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Competing Business', 'Territory', 'Restricted Period', and 'Circumvention'

4. Non-Compete Obligations: Detailed restrictions on competitive activities, including scope, duration, and geographic limitations

5. Non-Circumvention Obligations: Restrictions on direct/indirect circumvention of business relationships, including clients, suppliers, and business opportunities

6. Duration and Territory: Specific timeframe and geographic scope of restrictions with clear start and end dates

7. Confidentiality Obligations: Requirements regarding handling and protection of confidential information

8. Acknowledgments: Parties' acknowledgments regarding reasonableness of restrictions and receipt of consideration

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. General Provisions: Standard contract terms including governing law, notices, entire agreement, and severability

What sections are optional to include in a Non Compete Non Circumvent Agreement?

1. Independent Contractor Relationship: Used when the agreement is between independent contractors rather than employer-employee

2. Assignment and Succession: Include when there's a need to address transfer of rights or obligations

3. Non-Solicitation Provisions: Additional restrictions on soliciting employees, clients, or suppliers

4. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration

5. Survival Clause: Specifies which provisions survive termination of the agreement

6. Return of Materials: Procedures for returning confidential materials, needed when physical or digital materials are involved

7. Consideration: Detailed section on consideration when specific payment or benefit is provided for the restrictions

What schedules should be included in a Non Compete Non Circumvent Agreement?

1. Schedule 1 - Restricted Territory: Detailed definition of geographic areas covered by restrictions, including maps or specific boundary descriptions

2. Schedule 2 - Restricted Activities: Comprehensive list of specific business activities, products, or services covered by the non-compete provisions

3. Schedule 3 - Protected Relationships: List of specific clients, suppliers, or business relationships protected by non-circumvention provisions

4. Schedule 4 - Consideration Details: Details of any consideration provided, including payment terms or other benefits

5. Appendix A - Confidential Information: Detailed categorization of information considered confidential under the agreement

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

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Technology

Professional Services

Manufacturing

Financial Services

Healthcare

Retail

Construction

Information Technology

Biotechnology

Education

Consulting

Real Estate

Engineering

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Relevant Teams

Legal

Executive Leadership

Sales

Business Development

Research and Development

Product Development

Operations

Commercial

Strategic Planning

Partner Management

Human Resources

Information Technology

Relevant Roles

Chief Executive Officer

Managing Director

Business Development Manager

Sales Director

Technical Consultant

Senior Engineer

Project Manager

Research Scientist

Product Manager

Strategy Consultant

Account Manager

Business Partner

Channel Manager

Chief Technology Officer

Operations Director

Commercial Manager

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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