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Agreement And General Release Template for New Zealand

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Key Requirements PROMPT example:

Agreement And General Release

"I need an Agreement and General Release to finalize a settlement with a departing senior executive, including confidentiality provisions and a mutual non-disparagement clause, with the separation date set for March 15, 2025."

Document background
The Agreement and General Release is a crucial legal instrument in New Zealand's commercial and civil law framework, commonly used to formally resolve disputes, conclude business relationships, or settle claims between parties. This document type is particularly valuable when parties wish to achieve a clean break and prevent future litigation while ensuring all existing obligations are properly discharged. It typically includes provisions for monetary consideration, comprehensive releases, confidentiality requirements, and non-admission clauses. The agreement must comply with New Zealand's Contract and Commercial Law Act 2017 and related legislation, making it essential for parties to seek appropriate legal counsel during its preparation and execution. It's frequently used in employment separations, commercial dispute resolutions, and settlement of insurance claims, providing a legally binding framework for parties to move forward without future legal entanglements.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their legal names, addresses, and any relevant registration numbers

2. Background: Sets out the context and circumstances leading to the agreement and release

3. Definitions: Defines key terms used throughout the agreement for clarity and certainty

4. Consideration: Specifies the consideration being provided in exchange for the release

5. Release: Details the specific claims, rights, and obligations being released

6. Scope of Release: Clearly defines what is and isn't covered by the release

7. Warranties and Representations: Statements of fact or promises made by each party

8. Confidentiality: Obligations regarding the confidentiality of the agreement and its terms

9. Non-Admission: Statement that the agreement does not constitute an admission of liability

10. Entire Agreement: Confirms this document represents the complete agreement between parties

11. Governing Law: Specifies that New Zealand law governs the agreement

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Disparagement: Mutual obligations not to make negative statements about other parties - used in sensitive or high-profile situations

2. Return of Property: Requirements for returning any property or documents - included when physical or intellectual property is involved

3. Future Cooperation: Obligations for parties to cooperate on related matters - useful in ongoing business relationships

4. Tax Implications: Addresses responsibility for tax consequences - important for settlements involving significant sums

5. Insurance Claims: Provisions regarding insurance claims and policies - relevant when insurance is involved in the underlying matter

6. Surviving Obligations: Specifies which obligations continue after the release - used when certain obligations need to persist

7. Third Party Rights: Addresses rights of third parties under the agreement - needed when third party interests are affected

Suggested Schedules

1. Schedule 1 - Released Claims: Detailed list of specific claims being released

2. Schedule 2 - Released Parties: Comprehensive list of all parties benefiting from the release, including related entities

3. Schedule 3 - Payment Terms: Details of any payment arrangements, including amounts, timing, and method

4. Appendix A - Related Documents: List of related agreements or documents referenced in the release

5. Appendix B - Excluded Claims: Specific list of claims explicitly excluded from the release

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





























Clauses






























Relevant Industries

Legal Services

Financial Services

Insurance

Healthcare

Construction

Manufacturing

Professional Services

Real Estate

Education

Technology

Retail

Employment Services

Government and Public Sector

Relevant Teams

Legal

Human Resources

Finance

Compliance

Risk Management

Operations

Executive Leadership

Insurance

Corporate Governance

Administrative Services

Relevant Roles

Legal Counsel

Chief Legal Officer

Human Resources Director

Risk Manager

Compliance Officer

Chief Financial Officer

Business Unit Manager

Operations Director

Claims Manager

Settlement Officer

Contract Administrator

Corporate Secretary

General Manager

Chief Executive Officer

Insurance 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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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