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NDA Settlement Agreement Template for New Zealand

A New Zealand-governed NDA Settlement Agreement is a legally binding document that combines elements of both a settlement agreement and a non-disclosure agreement, structured according to New Zealand law. This hybrid agreement serves to resolve disputes while simultaneously establishing strict confidentiality obligations between the parties. It incorporates specific provisions compliant with New Zealand's Contract and Commercial Law Act 2017, Privacy Act 2020, and where applicable, the Employment Relations Act 2000, ensuring comprehensive protection of confidential information while documenting the terms of settlement.

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What is a NDA Settlement Agreement?

The NDA Settlement Agreement is utilized in New Zealand when parties need to resolve a dispute while ensuring strict confidentiality about both the settlement terms and any sensitive information exchanged during the relationship or dispute. This document type is particularly crucial in situations involving employee departures, business relationship terminations, or intellectual property disputes where maintaining confidentiality is paramount. The agreement must comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and Privacy Act 2020. It typically includes detailed provisions for settlement terms, confidentiality obligations, enforcement mechanisms, and permitted disclosures, all structured to be enforceable under New Zealand law. The document serves both to document the resolution of the underlying dispute and to create binding confidentiality obligations that survive the settlement.

What sections should be included in a NDA Settlement Agreement?

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

2. Background: Outlines the context of the dispute or circumstances leading to the settlement and the purpose of the agreement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Settlement Terms: Details the core settlement provisions, including any payment terms, actions required, and timeline for completion

5. Confidential Information: Defines what constitutes confidential information under the agreement

6. Confidentiality Obligations: Specifies the obligations regarding maintaining confidentiality, including handling and protection of confidential information

7. Permitted Disclosures: Outlines circumstances under which confidential information may be disclosed

8. Return or Destruction of Confidential Information: Procedures for handling confidential information after the agreement ends

9. Release and Waiver: Mutual release of claims and waiver of rights related to the settled matters

10. Non-Admission of Liability: Statement that the settlement does not constitute admission of liability by any party

11. Enforcement and Remedies: Specifies consequences of breach and available remedies

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

What sections are optional to include in a NDA Settlement Agreement?

1. Non-Disparagement: Prohibits parties from making negative statements about each other. Include when reputation protection is a concern

2. Employment Matters: Additional provisions specific to employment relationships. Include when settlement involves employment disputes

3. Intellectual Property Rights: Addresses ownership and handling of IP. Include when IP is relevant to the settlement

4. Future Cooperation: Outlines any ongoing obligations for cooperation between parties. Include when future interaction is necessary

5. Tax Treatment: Specifies tax implications of settlement payments. Include when significant financial settlement is involved

6. Media and Public Statements: Guidelines for public communications about the settlement. Include in high-profile cases

7. Surviving Obligations: Specifies which obligations continue after settlement. Include when certain obligations should outlive the settlement

What schedules should be included in a NDA Settlement Agreement?

1. Schedule 1 - Settlement Payment Details: Detailed breakdown of any settlement payments, including amounts, payment schedule, and method

2. Schedule 2 - Confidential Information: Comprehensive list or description of specific information deemed confidential

3. Schedule 3 - Agreed Public Statement: Pre-approved statement for public communication about the settlement

4. Appendix A - Related Agreements: List of any related agreements affected by or referenced in the settlement

5. Appendix B - Form of Release: Template or final form of any required release documents

6. Appendix C - Deed of Undertaking: Any additional undertakings required as part of the settlement

Authors

Alex Denne

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

Jurisdiction

New Zealand

Publisher

Ƶ

Cost

Free to use

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