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Non Solicitation Agreement for New Zealand

Non Solicitation Agreement Template for New Zealand

A Non-Solicitation Agreement under New Zealand law is a legally binding document that restricts one party from soliciting employees, customers, clients, or suppliers of another party. The agreement must comply with New Zealand's Contract and Commercial Law Act 2017 and relevant employment legislation, ensuring restrictions are reasonable in scope, duration, and geographic coverage. The document includes specific provisions detailing prohibited activities, temporal and geographical limitations, and enforcement mechanisms, while maintaining compliance with New Zealand's fair trading and competition laws.

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Non Solicitation Agreement

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What is a Non Solicitation Agreement?

The Non-Solicitation Agreement is essential for businesses operating in New Zealand seeking to protect their valuable relationships with employees, customers, clients, and suppliers. This document is typically used when engaging new employees, during business sales or acquisitions, in professional service arrangements, or when establishing strategic partnerships. The agreement must be carefully drafted to ensure enforceability under New Zealand law, particularly considering the Contract and Commercial Law Act 2017 and the Employment Relations Act 2000. Key considerations include reasonable duration and geographic scope of restrictions, clear definition of prohibited activities, and appropriate remedies for breach. The document should balance the legitimate business interests of the protected party with the restricted party's right to earn a living and engage in fair competition.

What sections should be included in a Non Solicitation Agreement?

1. Parties: Identifies and defines the parties to the agreement, including full legal names and addresses

2. Background: Sets out the context and purpose of the agreement, including the nature of the business relationship

3. Definitions: Defines key terms used throughout the agreement, including 'solicitation', 'restricted parties', 'confidential information', and 'restricted period'

4. Non-Solicitation Obligations: Details the core restrictions on soliciting employees, customers, clients, suppliers, or other business relationships

5. Duration and Territory: Specifies the time period and geographic scope of the non-solicitation obligations

6. Exceptions and Permitted Activities: Outlines activities that are explicitly permitted despite the non-solicitation restrictions

7. Confidentiality: Addresses the handling and protection of confidential information that may be relevant to the non-solicitation obligations

8. Enforcement and Remedies: Details the consequences of breach and available remedies, including injunctive relief

9. General Provisions: Standard contract clauses including governing law, entire agreement, amendments, and notices

What sections are optional to include in a Non Solicitation Agreement?

1. Independent Contractor Relationship: Required when the agreement is between a company and independent contractor rather than employer-employee

2. Assignment and Succession: Include when there's a need to address transfer of rights or obligations, particularly in business sale contexts

3. Severability and Reformation: Important when there's higher risk that certain provisions might be found unenforceable and need to be modified

4. Return of Property: Include when the restricted party has access to physical or digital assets that must be returned

5. Survival: Include when certain obligations need to explicitly survive termination of a related agreement

6. Non-Competition Obligations: Add when broader restrictions on competitive activities are necessary, subject to reasonableness requirements

What schedules should be included in a Non Solicitation Agreement?

1. Schedule 1 - Restricted Parties: List of specific employees, customers, clients, or suppliers covered by the non-solicitation obligations

2. Schedule 2 - Restricted Territory: Detailed description or map of the geographic area where restrictions apply

3. Schedule 3 - Restricted Business Activities: Detailed description of the specific business activities covered by the restrictions

4. Appendix A - Related Entities: List of affiliated companies or entities covered by or subject to the agreement

5. Appendix B - Acknowledgment Form: Form for restricted party to acknowledge understanding and acceptance of obligations

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

Agreement Contract

Cost

Free to use
Relevant legal definitions

























Clauses

























Relevant Industries

Professional Services

Information Technology

Financial Services

Healthcare

Consulting

Recruitment

Legal Services

Marketing and Advertising

Sales and Distribution

Engineering

Manufacturing

Research and Development

Education and Training

Real Estate

Relevant Teams

Human Resources

Legal

Sales

Business Development

Client Relations

Senior Management

Operations

Recruitment

Professional Services

Marketing

Account Management

Research and Development

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Sales Manager

Business Development Manager

Senior Consultant

Account Manager

Recruitment Manager

Department Head

Project Manager

Technical Lead

Senior Engineer

Financial Advisor

Marketing Director

Operations Manager

Client Relations Manager

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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