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A Non-Disparagement Agreement is a legally binding contract that stops parties from making negative or harmful statements about each other. It's commonly used in NZ employment settlements, business deals, and when resolving disputes to protect reputations and maintain professional relationships.

These agreements must comply with New Zealand's Fair Trading Act and Employment Relations Act. They typically spell out what counts as disparagement, set consequences for breaches, and include exceptions for truthful statements required by law or court orders. Many Kiwi employers now include these clauses in separation agreements to ensure smooth transitions and protect company goodwill.

Consider using a Non-Disparagement Agreement when ending employment relationships or settling business disputes in New Zealand. These agreements prove especially valuable during redundancies, executive departures, or when dissolving business partnerships where protecting reputations and maintaining confidentiality is crucial.

They're particularly important for high-profile positions, sensitive industries, or situations involving intellectual property. Under NZ employment law, these agreements help prevent social media attacks, negative reviews, or harmful public statements that could damage business relationships or career prospects. Many Kiwi organizations include them during mediation or settlement negotiations to ensure clean breaks and protect both parties' interests.

• Standard Employment Agreements: These Non-Disparagement Agreements are built into employment contracts, covering basic mutual non-disparagement during and after employment
• Settlement-Based Agreements: Used specifically during employment disputes or redundancies, with detailed terms about social media and public statements
• Business Sale Agreements: Broader protection covering company reputation, trade secrets, and customer relationships during ownership transitions
• Executive Departure Agreements: Enhanced provisions for senior roles, including specific clauses about industry comments and future employment
• Limited Duration Agreements: Temporary protection during specific projects or partnerships, with clear expiry dates

• Employers: Companies and organizations seeking to protect their reputation during employee departures or settlements
• Employees: Staff members bound by these agreements, particularly during redundancies or resignations
• Employment Lawyers: Draft and review agreements to ensure compliance with NZ employment law and Fair Trading Act
• HR Managers: Implement and manage these agreements during employment transitions
• Business Partners: Use these agreements during mergers, acquisitions, or joint ventures to protect business interests
• Mediators: Often incorporate these agreements into settlement terms during dispute resolution

• Party Details: Gather full legal names and contact information for all involved parties
• Scope Definition: List specific types of statements or actions to be prohibited
• Time Period: Determine how long the agreement should remain in force
• Exceptions: Identify legally required disclosures under NZ law that must be carved out
• Consequences: Define clear remedies for breaches, including potential damages
• Review Process: Our platform generates legally compliant agreements, but ensure all parties understand the terms
• Signing Authority: Confirm proper authorization for company representatives

• Identification: Full legal names and details of all parties bound by the agreement
• Scope Definition: Clear description of prohibited statements and communications
• Duration Clause: Specific timeframe the agreement remains in effect
• Legal Exceptions: Carve-outs for statements required by NZ law or court orders
• Mutual Obligations: Clearly stated responsibilities for all parties
• Breach Consequences: Specific remedies and enforcement mechanisms
• Governing Law: Express reference to New Zealand jurisdiction
• Signature Block: Proper execution spaces with date and witness provisions

A Non-Disparagement Agreement differs significantly from a Non-Disclosure Agreement (NDA), though they're often confused in New Zealand business settings. While both protect business interests, they serve distinct purposes and cover different aspects of communication.

• Scope of Protection: Non-Disparagement Agreements focus specifically on preventing negative or harmful statements, while NDAs protect confidential information and trade secrets
• Duration and Enforcement: NDAs typically have longer terms and clearer triggers for breach, while Non-Disparagement terms often focus on post-employment or post-settlement periods
• Legal Requirements: NDAs must specify confidential information precisely under NZ law, while Non-Disparagement terms can be more general about prohibited statements
• Business Application: NDAs are essential for protecting intellectual property and business secrets, while Non-Disparagement focuses on maintaining professional reputations and relationships