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Deed Of Settlement And Release Template for New Zealand

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Key Requirements PROMPT example:

Deed Of Settlement And Release

"I need a Deed of Settlement and Release for resolving an employment dispute with a former senior executive, including confidentiality provisions and a mutual non-disparagement clause, with settlement payment to be made by March 15, 2025."

Document background
The Deed of Settlement and Release is a crucial legal instrument in New Zealand used to document and formalize the resolution of disputes or claims between parties. It is commonly used in various contexts, including commercial disputes, employment matters, insurance claims, and contractual disagreements. The deed serves to record the settlement terms agreed upon by the parties and provides a comprehensive release of claims, ensuring legal finality. This document type is particularly important as it creates a binding and enforceable agreement under New Zealand law, protecting all parties involved from future litigation regarding the settled matters. The deed must comply with the requirements of the Property Law Act 2007 and other relevant New Zealand legislation, making it a formal and significant legal document that requires careful drafting and consideration.
Suggested Sections

1. Parties: Identifies and defines all parties to the deed, including their legal capacity and contact details

2. Background: Sets out the context of the dispute or circumstances leading to the settlement, including key dates and events

3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes interpretation principles

4. Settlement Sum: Details the agreed settlement amount and payment terms

5. Release and Discharge: Comprehensive release provisions specifying what claims are being released and the scope of the release

6. Bar to Future Actions: Provisions preventing parties from bringing future claims covered by the release

7. Warranties and Representations: Each party's confirmations about their capacity and authority to enter into the deed

8. GST and Tax: Addresses tax implications and GST treatment of the settlement sum

9. Costs: Specifies how legal and other costs related to the dispute and settlement are to be handled

10. Execution: Formal execution provisions complying with New Zealand deed requirements

Optional Sections

1. Confidentiality: Required when parties wish to keep the settlement terms confidential

2. Non-Disparagement: Used when parties agree not to make negative statements about each other

3. Ongoing Obligations: Needed when certain obligations continue after settlement

4. Return of Property: Include when settlement involves return of physical or intellectual property

5. Third Party Rights: Required when settlement affects rights of third parties

6. Mutual Release: Used when both parties are releasing claims against each other

7. Severability: Optional clause protecting remainder of deed if any provision is found invalid

8. Acknowledgment of Independent Legal Advice: Important in settlements with significant value or complexity

Suggested Schedules

1. Schedule 1 - Details of Claims: Itemizes specific claims being settled and released

2. Schedule 2 - Payment Terms: Detailed payment schedule if settlement involves installment payments

3. Schedule 3 - Released Parties: List of all parties benefiting from the release, including related entities

4. Schedule 4 - Deed of Non-Disclosure: Detailed confidentiality terms if required

5. Appendix A - Related Proceedings: Lists any related court proceedings or disputes being resolved

6. Appendix B - Settlement Deed Certificate: Certificate confirming independent legal advice if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Construction

Manufacturing

Professional Services

Healthcare

Real Estate

Retail

Technology

Education

Mining and Resources

Relevant Teams

Legal

Risk Management

Compliance

Executive Leadership

Human Resources

Finance

Commercial Operations

Corporate Affairs

Business Development

Claims Management

Relevant Roles

Legal Counsel

General Counsel

Chief Legal Officer

Risk Manager

Compliance Officer

Chief Executive Officer

Chief Financial Officer

Human Resources Director

Claims Manager

Contract Manager

Company Secretary

Settlement Officer

Dispute Resolution Manager

Business Development Manager

Commercial 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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