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Non Disparagement Agreement Template for New Zealand

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Key Requirements PROMPT example:

Non Disparagement Agreement

"I need a Non Disparagement Agreement that protects our technology company and its senior executives following the departure of our Chief Technology Officer, with specific provisions for social media and industry conferences, to take effect from March 1, 2025."

Document background
This document is essential in various business and professional contexts under New Zealand law where parties wish to protect their reputation and maintain professional relationships. A Non Disparagement Agreement is commonly used during employment terminations, business separations, or settlement of disputes, providing a legally binding framework to prevent harmful statements while respecting statutory rights. The agreement must carefully balance the protection of reputation with New Zealand's legal requirements, particularly regarding whistleblower protections, employment rights, and fair trading practices. It typically includes specific definitions of disparagement, scope of prohibited conduct, exceptions for truthful statements to authorities, and enforcement mechanisms, while ensuring compliance with relevant legislation such as the Defamation Act 1992 and Protected Disclosures Act 2022.
Suggested Sections

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

2. Background: Explains the context and circumstances leading to the agreement, including any relevant prior relationships or disputes

3. Definitions: Defines key terms used throughout the agreement, including 'disparagement', 'confidential information', and other relevant terms

4. Non-Disparagement Obligations: Core section detailing the specific obligations of each party regarding non-disparagement, including what constitutes disparagement and prohibited actions

5. Permitted Disclosures: Specifies circumstances where communications are explicitly allowed, such as truthful testimony in legal proceedings or required regulatory disclosures

6. Duration: Specifies how long the non-disparagement obligations remain in effect

7. Remedies: Outlines the consequences of breach and available remedies, including potential liquidated damages

8. General Provisions: Standard contract clauses including governing law, entire agreement, amendments, and notices

Optional Sections

1. Mutual Social Media Policy: Include when parties want specific guidelines about social media behavior and posts

2. Confidentiality Obligations: Include when the agreement needs to cover both non-disparagement and confidentiality obligations

3. Third Party Rights: Include when the protection needs to extend to related parties such as officers, directors, or affiliated companies

4. Dispute Resolution: Include when parties want to specify mediation or arbitration processes before litigation

5. Severability: Include when there's a need to ensure that if any provision is found invalid, the rest of the agreement remains enforceable

6. Return of Property: Include in employment-related contexts where physical or digital materials need to be returned

Suggested Schedules

1. Schedule 1: Protected Parties: List of additional individuals or entities covered by the non-disparagement obligations

2. Schedule 2: Specific Prohibited Statements: If applicable, specific examples of statements or actions that would constitute disparagement

3. Schedule 3: Communication Guidelines: Detailed guidelines for acceptable and unacceptable forms of communication, including social media protocols

4. Appendix A: Acknowledgment Form: Form for parties to sign acknowledging their understanding of the obligations

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

Professional Services

Technology

Healthcare

Financial Services

Media and Entertainment

Education

Retail

Manufacturing

Construction

Hospitality

Legal Services

Real Estate

Consulting

Relevant Teams

Human Resources

Legal

Executive Leadership

Board of Directors

Corporate Affairs

Compliance

Risk Management

Corporate Communications

Public Relations

Employee Relations

People Operations

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Chief Financial Officer

Managing Director

Department Head

Senior Manager

Executive Director

Board Member

Operations Manager

Project Manager

Business Development Manager

Sales Director

Marketing Director

Company Secretary

Compliance Officer

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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