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Custom NDA for New Zealand

Custom NDA Template for New Zealand

A comprehensive Non-Disclosure Agreement tailored for use under New Zealand law, designed to protect confidential information exchanged between parties in various business contexts. This agreement incorporates specific provisions aligned with New Zealand's Privacy Act 2020, Contract and Commercial Law Act 2017, and relevant common law principles. It provides robust protection for trade secrets, proprietary information, and other confidential materials while maintaining flexibility to accommodate specific business requirements and industry-specific needs.

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What is a Custom NDA?

This Custom NDA template is specifically designed for use under New Zealand law, providing a framework for protecting confidential information in various business relationships. It is particularly valuable when standard NDAs don't adequately address specific confidentiality requirements or when dealing with complex information-sharing arrangements. The agreement accommodates both one-way and mutual confidentiality obligations, incorporating provisions that align with New Zealand's privacy laws, commercial legislation, and common law principles. This document is suitable for various scenarios including business partnerships, consulting arrangements, potential investments, or joint ventures, where detailed confidentiality provisions and specific information handling protocols are required.

What sections should be included in a Custom NDA?

1. Parties: Identifies all parties to the agreement, including full legal names and registered addresses

2. Background: Explains the context and purpose of the NDA, including the nature of the business relationship

3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information', 'Permitted Purpose', and 'Representatives'

4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information

5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed and to whom

6. Security Measures: Required procedures and safeguards for protecting confidential information

7. Return or Destruction of Information: Requirements for handling confidential information upon termination or request

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Custom NDA?

1. Intellectual Property Rights: Additional provisions protecting IP rights when confidential information includes IP - used when sharing technical information, inventions, or creative works

2. Non-Solicitation: Prevents poaching of employees or clients - relevant when parties may have access to employee or customer information

3. Residual Knowledge: Addresses use of general knowledge and experience gained - important for consulting or professional service relationships

4. Data Privacy Compliance: Specific obligations regarding personal data handling - necessary when confidential information includes personal data

5. Export Control: Compliance with export control laws - relevant for international business relationships or technical data sharing

6. Competitive Restrictions: Additional restrictions on competitive activities - useful when sharing business-sensitive information

7. Publicity: Rules about public announcements or acknowledgment of the relationship - important for sensitive business relationships

What schedules should be included in a Custom NDA?

1. Schedule 1: Specified Confidential Information: Detailed list or categories of information deemed confidential under the agreement

2. Schedule 2: Authorized Representatives: List of individuals or roles authorized to access confidential information

3. Schedule 3: Security Protocols: Specific security measures and procedures required for handling confidential information

4. Schedule 4: Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used

5. Appendix A: Information Handling Procedures: Step-by-step procedures for handling, storing, and disposing of confidential information

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Technology

Healthcare

Financial Services

Manufacturing

Professional Services

Research & Development

Biotechnology

Real Estate

Energy

Education

Telecommunications

Media & Entertainment

Retail

Construction

Legal Services

Relevant Teams

Legal

Human Resources

Executive Leadership

Business Development

Research & Development

Information Technology

Finance

Operations

Procurement

Compliance

Innovation

Strategic Planning

Corporate Development

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Business Development Manager

Project Manager

Research Director

Human Resources Director

Chief Technology Officer

Investment Manager

Operations Manager

Procurement Manager

Chief Financial Officer

Innovation Director

Strategic Partnership Manager

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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