The Non-Disparagement Agreement is commonly used in New Zealand business and employment contexts to protect parties' reputational interests. It becomes particularly relevant during employment terminations, business separations, settlement agreements, or other situations where there's a need to maintain professional relationships and protect reputation. The agreement must be drafted in accordance with New Zealand law, including the Contract and Commercial Law Act 2017 and the Employment Relations Act 2000. It typically defines prohibited actions, outlines exceptions for legally required disclosures, and specifies enforcement mechanisms. The document should balance protecting legitimate business interests while not unduly restricting individual rights under New Zealand law.
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1. Parties: Identifies and defines all parties to the agreement, including their legal names and addresses
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms used in the agreement, particularly 'disparagement' and its scope
4. Non-Disparagement Obligations: Details the core obligations of the parties to refrain from disparaging statements or actions
5. Scope of Agreement: Specifies what communications and actions are covered, including temporal and geographic limitations
6. Exceptions and Permitted Disclosures: Lists situations where communications are permitted (e.g., legal proceedings, regulatory requirements)
7. Duration: Specifies how long the non-disparagement obligations remain in effect
8. Breach and Remedies: Outlines what constitutes a breach and the consequences, including available remedies
9. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments
1. Social Media and Online Communications: Specific provisions regarding online behavior and social media posts, recommended when parties have significant online presence
2. Confidentiality Obligations: Additional provisions protecting confidential information, useful when sensitive information is involved
3. Return of Materials: Requirements for returning or destroying materials that could be used for disparagement, relevant in employment or business separation contexts
4. Mutual vs One-Way Obligations: Specific section clarifying if obligations are mutual or one-sided, important in employment or settlement contexts
5. Third Party Beneficiaries: Provisions extending protection to related parties, useful in corporate or complex business relationships
6. Survival: Specifies which provisions survive termination of other agreements, important when linked to other contracts
1. Schedule 1: Protected Entities: List of all entities covered by the agreement (e.g., affiliated companies, officers, employees)
2. Schedule 2: Prohibited Actions: Detailed list of specific actions or types of communications that are prohibited
3. Schedule 3: Communication Guidelines: Guidelines for acceptable communications about the other party, particularly useful in business contexts
4. Appendix A: Approved Public Statements: Pre-approved statements that can be made about the separation or relationship, if applicable
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Relevant Roles
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