Non Compete Letter Template for New Zealand

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Key Requirements PROMPT example:

Non Compete Letter

"I need a Non Compete Letter for a senior software developer leaving our Auckland-based tech company in March 2025, with a 12-month restriction period covering New Zealand and Australia, particularly focusing on preventing work with our direct competitors in the fintech space."

Document background
The Non-Compete Letter is a crucial business document used in New Zealand when an organization needs to protect its legitimate business interests from potential competitive activities by departing employees or contractors. This document is particularly relevant when dealing with employees who have access to confidential information, client relationships, or trade secrets. The letter must comply with New Zealand employment law principles, which require that any restraint of trade must be reasonable in scope, duration, and geographical reach. Typically used during senior appointments, business sales, or when engaging key personnel, the Non-Compete Letter outlines specific restrictions, their duration, geographical boundaries, and the consideration provided in exchange for these restrictions. It serves as a vital tool for businesses to maintain competitive advantage while balancing the rights of individuals to pursue their careers.
Suggested Sections

1. Recipient Details: Full name and address of the employee/contractor being restricted

2. Context and Background: Brief explanation of the relationship between parties and why the non-compete is being implemented

3. Key Definitions: Clear definitions of crucial terms like 'Competitive Activity', 'Restricted Period', and 'Restricted Territory'

4. Non-Compete Obligations: Specific restrictions including duration, geographic scope, and prohibited activities

5. Consideration: Clear statement of what the recipient receives in exchange for accepting these restrictions

6. Acknowledgment: Recipient's acknowledgment that restrictions are reasonable and necessary

7. Signature Block: Space for both parties to sign and date the letter

Optional Sections

1. Non-Solicitation Provisions: Additional restrictions on soliciting customers or employees, included when business relationships need extra protection

2. Confidentiality Obligations: Specific confidentiality requirements, added when sensitive information is involved

3. Garden Leave Provisions: Details of any garden leave period, included when applicable to senior employees

4. Survival of Obligations: Clarification of which obligations continue after employment ends, added for complex relationships

5. Independent Legal Advice: Confirmation that recipient has had opportunity for independent advice, added for stronger enforceability

Suggested Schedules

1. Schedule 1: Restricted Territory: Detailed map or list of geographical areas covered by the restrictions

2. Schedule 2: Competitive Activities: Comprehensive list of specific prohibited activities and competitors

3. Schedule 3: Consideration Details: Breakdown of any financial or other consideration provided in exchange for the restrictions

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 Industries

Technology

Professional Services

Financial Services

Healthcare

Manufacturing

Retail

Consulting

Engineering

Biotechnology

Sales and Marketing

Research and Development

Education and Training

Relevant Teams

Executive Leadership

Sales

Business Development

Research & Development

Product Development

Client Services

Operations

Information Technology

Human Resources

Finance

Legal

Marketing

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Sales Director

Senior Account Manager

Business Development Manager

Technical Lead

Research Director

Senior Consultant

Product Manager

Regional Manager

Head of Operations

Senior Software Engineer

Client Relationship Manager

Financial Controller

Managing Director

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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