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Standard Consulting Agreement for New Zealand

Standard Consulting Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions for consulting services between a consultant (either individual or firm) and a client. The agreement covers essential elements including scope of services, payment terms, intellectual property rights, confidentiality obligations, and liability provisions, while ensuring compliance with New Zealand's Contract and Commercial Law Act 2017 and other relevant legislation. It provides a robust framework for professional consulting relationships while protecting both parties' interests and clearly defining their respective rights and obligations.

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What is a Standard Consulting Agreement?

The Standard Consulting Agreement is designed for use in New Zealand business contexts where professional consulting services are being provided to clients. This agreement is suitable for both individual consultants and consulting firms engaging with various types of clients, from small businesses to large corporations. It incorporates key provisions required under New Zealand law, including compliance with the Contract and Commercial Law Act 2017, Privacy Act 2020, and relevant tax legislation. The agreement is structured to protect both parties' interests by clearly defining the consulting relationship, scope of services, deliverables, payment terms, intellectual property rights, and confidentiality obligations. It's particularly useful when establishing new consulting relationships or formalizing existing ones, ensuring all essential aspects of the professional engagement are properly documented and legally binding.

What sections should be included in a Standard Consulting Agreement?

1. Parties: Identifies and provides full legal details of the consultant and the client

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the consultant's appointment and outlines the general nature of services

5. Consultant's Obligations: Details the consultant's duties, responsibilities, and standard of service

6. Client's Obligations: Outlines the client's responsibilities and commitments

7. Fees and Payment: Specifies the fee structure, payment terms, and expenses

8. Term and Termination: Defines the agreement duration and circumstances for termination

9. Intellectual Property: Addresses ownership and rights to work products and pre-existing IP

10. Confidentiality: Establishes confidentiality obligations and handling of sensitive information

11. Liability and Indemnity: Sets out liability limitations and indemnification provisions

12. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

What sections are optional to include in a Standard Consulting Agreement?

1. Insurance: Required when specific insurance coverage needs to be maintained by the consultant

2. Non-Competition: Used when restricting the consultant's ability to work with competitors

3. Non-Solicitation: Added when protecting against poaching of employees or clients

4. Data Protection: Required when the services involve processing personal data

5. Health and Safety: Necessary when services are performed on client premises

6. Force Majeure: Added when specific provisions for unforeseen circumstances are needed

7. Dispute Resolution: Used when specific dispute resolution procedures are required

8. Change Control: Needed for projects where scope changes are likely

What schedules should be included in a Standard Consulting Agreement?

1. Schedule 1 - Services Description: Detailed description of the consulting services to be provided

2. Schedule 2 - Fees and Payment Terms: Detailed breakdown of fees, rates, and payment schedule

3. Schedule 3 - Key Personnel: Lists key consultant personnel assigned to provide the services

4. Schedule 4 - Service Levels: Specific performance metrics and service level requirements

5. Schedule 5 - Client Materials and Equipment: Lists any materials or equipment provided by the client

6. Appendix A - Project Timeline: Detailed project milestones and delivery dates

7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

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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