Driver Subcontractor Agreement Template for New Zealand

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Key Requirements PROMPT example:

Driver Subcontractor Agreement

"I need a Driver Subcontractor Agreement for my New Zealand courier company that emphasizes health and safety compliance and includes provisions for contractors using their own vehicles, with the agreement planned to take effect from March 2025."

Document background
This Driver Subcontractor Agreement is designed for use in New Zealand by companies engaging independent drivers as contractors rather than employees. It is particularly relevant for businesses in the transport, logistics, and delivery sectors that rely on independent contractors for their operations. The agreement complies with New Zealand legislation, including the Contract and Commercial Law Act 2017, Land Transport Act 1998, and Health and Safety at Work Act 2015. It covers essential aspects such as service terms, payment structures, compliance requirements, insurance obligations, and operational procedures, while clearly establishing the independent contractor relationship to avoid misclassification issues.
Suggested Sections

1. Parties: Identification of the contracting company and the driver contractor

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement

4. Nature of Relationship: Clear statement of independent contractor status and non-employment relationship

5. Term: Duration of the agreement, including start date and renewal provisions

6. Contractor Obligations: Core responsibilities of the driver contractor including service standards and compliance requirements

7. Company Obligations: Responsibilities of the company including provision of work and support

8. Health and Safety: Health and safety requirements and responsibilities

9. Compliance with Laws: Obligations to comply with relevant transport and safety regulations

10. Payment Terms: Payment rates, calculation methods, and payment timing

11. GST and Tax: Tax obligations and GST requirements

12. Insurance Requirements: Mandatory insurance coverage requirements

13. Confidentiality: Protection of confidential information

14. Termination: Grounds and process for termination of the agreement

15. Dispute Resolution: Process for resolving disputes between parties

16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Vehicle Provisions: Include when the contractor uses their own vehicle, covering maintenance, branding, and specific requirements

2. Equipment Supply: Include when the company provides specific equipment or technology to the contractor

3. Exclusivity: Include when requiring the contractor to work exclusively for the company

4. Performance Metrics: Include when specific performance standards and KPIs are required

5. Training Requirements: Include when specific training or certification requirements exist

6. Uniform and Presentation: Include when specific dress code or branding requirements exist

7. Geographical Territory: Include when the contractor is assigned to specific delivery areas or routes

8. Substitute Drivers: Include when the contractor is permitted to provide substitute drivers

9. Non-Compete: Include when restricting the contractor from working with competitors

Suggested Schedules

1. Schedule 1 - Payment Rates and Calculations: Detailed breakdown of payment rates, incentives, and calculation methods

2. Schedule 2 - Service Standards: Specific service level requirements and performance standards

3. Schedule 3 - Compliance Requirements: Detailed list of required licenses, certifications, and compliance obligations

4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required

5. Schedule 5 - Vehicle Specifications: Detailed requirements for vehicles if contractor-supplied

6. Schedule 6 - Operating Procedures: Detailed operational procedures and requirements

7. Appendix A - Health and Safety Procedures: Specific health and safety requirements and procedures

8. Appendix B - Required Forms and Documentation: Templates for required operational forms and documents

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Transport

Logistics

Courier Services

Food Delivery

Retail Distribution

E-commerce Fulfillment

Freight Services

Last Mile Delivery

Moving Services

Waste Management

Relevant Teams

Operations

Human Resources

Legal

Compliance

Fleet Management

Risk Management

Procurement

Finance

Health and Safety

Contractor Management

Relevant Roles

Operations Manager

Fleet Manager

Transport Manager

Logistics Coordinator

Compliance Officer

Contract Administrator

HR Manager

Risk Manager

Safety Manager

Procurement Manager

Independent Driver

Owner-Operator

Regional Manager

Business Development Manager

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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