This Non-Disclosure Non-Compete Agreement is designed for use in New Zealand business contexts where protection of confidential information and prevention of competitive activities are essential. The document is particularly valuable when engaging employees, contractors, or business partners who will have access to sensitive information or could pose a competitive threat. It incorporates provisions compliant with New Zealand legislation, including the Contract and Commercial Law Act 2017, Employment Relations Act 2000, and Commerce Act 1986. The agreement typically includes detailed definitions of confidential information, specific restrictions on competitive activities, geographic limitations, and duration of obligations. It's structured to be enforceable under New Zealand law while maintaining reasonable restrictions that courts will uphold.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the nature of the business relationship
3. Definitions: Defines key terms including 'Confidential Information', 'Competing Activities', 'Territory', and 'Restricted Period'
4. Confidentiality Obligations: Details the obligations regarding confidential information, including use, disclosure, and security measures
5. Non-Compete Provisions: Specifies restrictions on competitive activities, including scope, duration, and geographic limitations
6. Non-Solicitation: Prohibitions on soliciting employees, customers, or suppliers
7. Return of Confidential Information: Requirements for returning or destroying confidential information upon request or termination
8. Duration and Survival: Specifies the term of the agreement and which provisions survive termination
9. Breach and Remedies: Outlines consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Independent Contractor Relationship: Clarifies the independent nature of the relationship when the agreement is not with an employee
2. Intellectual Property Rights: Additional provisions regarding ownership and protection of IP when relevant to the business relationship
3. Data Protection Compliance: Specific obligations regarding personal data protection when confidential information includes personal data
4. Assignment and Delegation: Provisions regarding the ability to transfer rights and obligations when relevant to larger organizations
5. Conflict Resolution: Alternative dispute resolution procedures if parties prefer to specify mediation or arbitration
6. Exceptions to Confidentiality: Specific carve-outs for certain types of information or disclosures when needed
7. Garden Leave: Provisions for paid non-compete period, typically used in employment contexts
1. Schedule 1 - Confidential Information: Detailed list or categories of information considered confidential
2. Schedule 2 - Restricted Activities: Specific description of prohibited competitive activities
3. Schedule 3 - Territory: Detailed definition of geographic areas where restrictions apply
4. Schedule 4 - Key Competitors: List of specific competitors with whom engagement is prohibited
5. Schedule 5 - Security Measures: Specific requirements for handling and protecting confidential information
6. Appendix A - Acknowledgment Form: Form for receiving party to acknowledge receipt of confidential information
7. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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