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Contract to Sell
I need a contract to sell a residential property located in Auckland, including terms for a 10% deposit, settlement within 60 days, and a clause for the buyer to conduct a building inspection within 10 days of signing. The contract should also include provisions for any existing tenancies and compliance with local property laws.
What is a Contract Risk Assessment?
A Contract Risk Assessment helps organizations spot and manage potential problems before signing business agreements. It's a structured review that looks at legal, financial, and operational risks hidden in contract terms - from payment conditions to liability clauses that might not align with New Zealand's Contract and Commercial Law Act 2017.
Legal teams and business managers use these assessments to check key issues like compliance with local regulations, insurance requirements, and termination rights. The process guides smarter negotiations and protects companies by flagging risky terms early, helping them avoid costly disputes and ensure their contracts meet both business goals and Kiwi legal standards.
When should you use a Contract Risk Assessment?
Use a Contract Risk Assessment before signing any high-value or strategic agreements - especially when dealing with overseas companies, complex service arrangements, or contracts worth more than $100,000. It's particularly important when entering unfamiliar markets or working with new suppliers who might operate under different business practices than typical in New Zealand.
The assessment becomes crucial when contracts involve sensitive data, intellectual property rights, or significant operational dependencies. Companies facing major procurement decisions, mergers, or long-term partnerships find these reviews essential for protecting their interests and ensuring compliance with New Zealand's Fair Trading Act and Commerce Act requirements.
What are the different types of Contract Risk Assessment?
- Basic Operational Assessment: Reviews standard commercial terms, payment conditions, and delivery obligations - ideal for routine supply agreements and service contracts common in New Zealand small businesses.
- Comprehensive Legal Review: Deep analysis of liability, indemnification, and regulatory compliance - essential for high-value contracts or those crossing territorial boundaries.
- Industry-Specific Evaluation: Tailored for sectors like construction, technology, or healthcare, focusing on unique regulatory requirements and sector-specific risks.
- Strategic Partnership Assessment: Examines long-term business implications, including intellectual property rights, data protection, and relationship management frameworks.
Who should typically use a Contract Risk Assessment?
- Legal Counsel: Draft and oversee Contract Risk Assessments, ensuring alignment with New Zealand law and providing expert guidance on risk mitigation strategies.
- Risk Managers: Lead the assessment process, coordinate with stakeholders, and develop risk ratings based on company policies and industry standards.
- Business Executives: Review findings, make final decisions on contract terms, and balance commercial objectives against identified risks.
- Compliance Officers: Evaluate regulatory requirements and ensure assessments meet both internal policies and external obligations.
- Project Managers: Implement recommended safeguards and manage operational aspects highlighted in the assessment.
How do you write a Contract Risk Assessment?
- Contract Details: Gather the full contract document, including all schedules, appendices, and related agreements for comprehensive review.
- Company Information: Collect financial statements, business objectives, and risk tolerance levels from key stakeholders.
- Market Research: Research the other party's reputation, financial stability, and track record in New Zealand markets.
- Legal Framework: Review relevant industry regulations, Fair Trading Act requirements, and any sector-specific compliance needs.
- Internal Policies: Check your organization's risk management policies, insurance requirements, and approval thresholds.
- Documentation Plan: Use our platform to generate a structured assessment template that ensures all critical risk factors are systematically evaluated.
What should be included in a Contract Risk Assessment?
- Risk Categories: Clear identification of legal, financial, operational, and reputational risk areas under NZ law.
- Assessment Criteria: Defined scoring system and risk thresholds aligned with industry standards.
- Contract Analysis: Detailed review of key terms, obligations, and potential breaches under Contract and Commercial Law Act 2017.
- Mitigation Strategies: Specific recommendations for managing identified risks.
- Compliance Framework: References to relevant NZ regulations and internal policies.
- Sign-off Section: Approval fields for risk committee members and designated authorities.
- Review Schedule: Timeframes for reassessment and updating risk profiles.
What's the difference between a Contract Risk Assessment and an Enterprise Risk Management Framework?
A Contract Risk Assessment differs significantly from a Enterprise Risk Management Framework in both scope and application. While they're often mentioned together in risk management discussions, they serve distinct purposes in New Zealand's business environment.
- Focus and Scope: Contract Risk Assessments specifically evaluate individual agreements and their associated risks, while Enterprise Risk Management Frameworks provide organization-wide risk governance structures.
- Timing and Duration: Contract assessments are performed before signing specific agreements, whereas an ERM Framework operates continuously as a permanent organizational tool.
- Implementation Level: Contract assessments work at the transaction level, analyzing specific deal risks. ERM Frameworks establish broader policies and procedures for all risk types.
- Legal Requirements: Contract assessments must align with NZ contract law specifics, while ERM Frameworks typically address wider regulatory compliance and governance standards.
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