The Non-Compete Non-Circumvent Agreement is a crucial legal instrument in New Zealand's commercial landscape, designed to protect businesses from unfair competition and unauthorized circumvention of business relationships. This document is particularly relevant when engaging with contractors, employees, or business partners who will have access to sensitive information or valuable business relationships. The agreement must be carefully drafted to comply with New Zealand's competition laws, employment regulations, and common law principles regarding restraint of trade. It typically includes specific provisions about duration, geographic scope, and restricted activities, while ensuring the restrictions are reasonable and enforceable under New Zealand law. The document is commonly used in situations involving business partnerships, employment relationships, contractor engagements, or commercial collaborations where protecting proprietary information and business relationships is essential.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, relationship between parties, and legitimate business interests being protected
3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Competing Business', 'Territory', 'Restricted Period', and 'Circumvention'
4. Non-Compete Obligations: Detailed restrictions on competitive activities, including scope, duration, and geographic limitations
5. Non-Circumvention Obligations: Restrictions on direct/indirect circumvention of business relationships, including clients, suppliers, and business opportunities
6. Duration and Territory: Specific timeframe and geographic scope of restrictions with clear start and end dates
7. Confidentiality Obligations: Requirements regarding handling and protection of confidential information
8. Acknowledgments: Parties' acknowledgments regarding reasonableness of restrictions and receipt of consideration
9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
10. General Provisions: Standard contract terms including governing law, notices, entire agreement, and severability
1. Independent Contractor Relationship: Used when the agreement is between independent contractors rather than employer-employee
2. Assignment and Succession: Include when there's a need to address transfer of rights or obligations
3. Non-Solicitation Provisions: Additional restrictions on soliciting employees, clients, or suppliers
4. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration
5. Survival Clause: Specifies which provisions survive termination of the agreement
6. Return of Materials: Procedures for returning confidential materials, needed when physical or digital materials are involved
7. Consideration: Detailed section on consideration when specific payment or benefit is provided for the restrictions
1. Schedule 1 - Restricted Territory: Detailed definition of geographic areas covered by restrictions, including maps or specific boundary descriptions
2. Schedule 2 - Restricted Activities: Comprehensive list of specific business activities, products, or services covered by the non-compete provisions
3. Schedule 3 - Protected Relationships: List of specific clients, suppliers, or business relationships protected by non-circumvention provisions
4. Schedule 4 - Consideration Details: Details of any consideration provided, including payment terms or other benefits
5. Appendix A - Confidential Information: Detailed categorization of information considered confidential under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Manufacturing
Financial Services
Healthcare
Retail
Construction
Information Technology
Biotechnology
Education
Consulting
Real Estate
Engineering
Research and Development
Mining and Resources
Relevant Teams
Legal
Executive Leadership
Sales
Business Development
Research and Development
Product Development
Operations
Commercial
Strategic Planning
Partner Management
Human Resources
Information Technology
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Sales Director
Technical Consultant
Senior Engineer
Project Manager
Research Scientist
Product Manager
Strategy Consultant
Account Manager
Business Partner
Channel Manager
Chief Technology Officer
Operations Director
Commercial Manager
Independent Contractor
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