Independent Employment Contract Template for New Zealand

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Key Requirements PROMPT example:

Independent Employment Contract

"I need an Independent Employment Contract for a software developer contractor who will work remotely from Auckland on a 12-month project starting March 2025, with specific provisions for code ownership and the ability to engage sub-contractors."

Document background
The Independent Employment Contract is essential for businesses in New Zealand engaging external service providers on a contractor basis. This document is specifically designed to establish and maintain clear boundaries between independent contracting and employment relationships, ensuring compliance with New Zealand legislation including the Employment Relations Act 2000 and Contract and Commercial Law Act 2017. It should be used when engaging professionals who will provide services independently, maintain their own business structure, and are responsible for their tax obligations. The agreement includes comprehensive provisions for service delivery, payment terms, liability, and other key aspects of the contractor relationship, while incorporating necessary protections for both parties and ensuring alignment with New Zealand legal requirements and business practices.
Suggested Sections

1. Parties: Identifies the contracting company/client and the contractor, including full legal names and addresses

2. Background: Outlines the context of the agreement, including the contractor's business status and the client's need for services

3. Definitions: Defines key terms used throughout the agreement

4. Nature of Relationship: Explicitly states this is an independent contractor relationship, not employment, and outlines key aspects of independence

5. Services: Describes the contractor's obligations and scope of services at a high level

6. Term and Termination: Specifies contract duration, renewal provisions, and termination circumstances

7. Fees and Payment: Details payment terms, rates, invoicing process, and GST requirements

8. Tax and ACC: Clarifies contractor's responsibility for own tax, ACC levies, and other statutory payments

9. Liability and Indemnity: Outlines liability arrangements and indemnification provisions

10. Insurance: Specifies required insurance coverage to be maintained by the contractor

11. Confidentiality: Defines confidential information and obligations regarding its protection

12. General Provisions: Includes standard clauses like governing law, dispute resolution, and entire agreement

Optional Sections

1. Intellectual Property: Include when services involve creation of IP or use of existing IP

2. Non-Competition: Include when contractor's services are unique or involve access to sensitive competitive information

3. Equipment and Resources: Include when specific arrangements exist about who provides tools, equipment, or workspace

4. Health and Safety: Include detailed H&S obligations when services involve on-site work or specific safety risks

5. Sub-contracting: Include when contractor may need to engage others to perform services

6. Project Management: Include for complex services requiring specific reporting or management structures

7. Performance Standards: Include when specific quality metrics or standards must be met

8. Multiple Projects/Assignments: Include when relationship may involve multiple discrete projects over time

Suggested Schedules

1. Schedule 1: Services Description: Detailed description of services, deliverables, and performance requirements

2. Schedule 2: Fees and Charges: Detailed fee structure, including rates, expenses, and special charges

3. Schedule 3: Key Personnel: Details of key individuals involved in service delivery if applicable

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

5. Schedule 5: Policies and Procedures: Relevant client policies contractor must comply with

6. Appendix A: Insurance Requirements: Detailed insurance requirements including types and levels of coverage

7. Appendix B: Health and Safety Requirements: Specific health and safety procedures and requirements if applicable

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

Clauses
Relevant Industries

Information Technology

Professional Services

Construction

Creative Industries

Management Consulting

Healthcare

Education

Engineering

Marketing and Communications

Financial Services

Real Estate

Business Advisory

Relevant Teams

Human Resources

Legal

Procurement

Finance

Operations

Project Management Office

Information Technology

Marketing

Business Development

Strategy

Compliance

Relevant Roles

IT Consultant

Project Manager

Business Analyst

Marketing Consultant

Financial Advisor

Training Specialist

Software Developer

Graphic Designer

Management Consultant

HR Consultant

Engineering Consultant

Sales Representative

Content Writer

Strategic Advisor

Healthcare Practitioner

Education Consultant

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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