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The Non-Compete Non-Solicitation Agreement is a crucial business protection document used in New Zealand when an organization needs to safeguard its legitimate business interests from competitive activities and solicitation by current or former personnel. This agreement is commonly implemented during employment commencement, business sales, or contractor engagements, where parties gain access to sensitive information, client relationships, or trade secrets. The document must be carefully drafted to comply with New Zealand's legal framework, particularly the restraint of trade principles under common law and the Commerce Act 1986. It typically includes specific provisions about restricted activities, temporal and geographical limitations, and clear definitions of prohibited conduct. The agreement's restrictions must be reasonable and proportionate to be enforceable under New Zealand law, balancing the organization's protection needs with the individual's right to earn a living.

1. Parties: Identifies and defines the parties to the agreement - typically the employer/business entity and the individual being restricted

2. Background: Sets out the context of the agreement, including the relationship between the parties and the legitimate business interests being protected

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Competitive Activity', 'Restricted Period', 'Restricted Territory', and 'Solicitation'

4. Non-Compete Obligations: Details the specific competitive activities the restricted party is prohibited from engaging in, including duration and geographic scope

5. Non-Solicitation Obligations: Specifies restrictions on soliciting employees, clients, customers, suppliers, or business partners

6. Duration of Restrictions: Clearly states the time period for which the restrictions apply, ensuring reasonableness under NZ law

7. Geographic Scope: Defines the territorial limits of the restrictions

8. Acknowledgments: Contains statements from the restricted party acknowledging the reasonableness of restrictions and receipt of consideration

9. Remedies: Outlines the consequences of breach, including injunctive relief and damages

10. General Provisions: Standard contract clauses including governing law, severability, and entire agreement provisions