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Net lawman Legal documents for New Zealand
Is shareholder agreement beneficial for everyone
In everyday life you have quite often came across the terms like shareholders agreements the term seems very
simple but it has many angles A shareholder agreement is usually defined as an agreement in which the right of
the shareholders against the company is defined and how they will go to operate the company is also narrated
Shareholder agreements are much diversified they even highlight the rights of the shareholder in context of the
other stakeholders like employees vendors government and the other shareholders like them The scenarios
under which the shareholder agreements are made are quite diversified
A Shareholders Agreement Template can be drawn among the new directors of a new company or new directors
of the existing company Shareholder agreements can also be drawn in scenarios when the company is going for
joint venture or the warranties so there can be a lot of scenarios under which the organization will be needingshareholders agreement templates or shareholder forms
There are multiple reasons that why an organization should go for the shareholder agreements but the two most
important ones are to clarify the domain and interests of the major and minor shareholders so in future no
dispute between majority and minority will arise If the agreement is not made the majority shareholders will take
many decisions that are not in interest of minority shareholders
The second important reason for drawing a shareholder agreement is to clarify the process of decision making
Different people with different designations have diversified stake within an organization It is very important that
power in single shareholder should not be vested rather all shareholders should be given some power to deicide
remaining within their domain This will increase the trust of shareholders within the company and it will be a win
win situation for both firm and the shareholders
It is due to power vested by the shareholder agreement in shareholders that they are able to influence the
decisions of directors in case they are running the company operations against their interests and wishes The
main reason that every private firm should enforce the share holder agreement is that it reduces the risk increases
the control and reduces the chances of disputes among the stakeholders Itrsquos about personal satisfaction of all
stake holders rather about business only
It is in best interest of any company that when they start to operate they should immediately draw a shareholder
agreement if due to some reasons they are not able to draw an agreement at the startup time then they should
do it as soon as they can to streamline their operations The templates or the Joint venture agreements can be
purchased over the internet from the law firms operating in your area
Some of the provisions that are included in the shareholder agreement are that how the shareholders are able to
protect their rights if they are not available in the meeting how they are able to shift their rights to other soul if
they are no more interested in being a shareholder and many provisions like that
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What is Boat share Agreement
How to buy a boat
Before buying the boat as a sole owner you can consider the option of boat sharing ownership with friends or relatives The
boat share agreement is used to set up the fractional ownership To attain this the prospective sharers could purchase a boat
together or they could buy shares in a boat already owned by one of the sharers It is immense idea to involve more owners tobuy boat rather than buying individually
Use of share ownership
Share ownership gives you the opportunity to buy a large and better boat It allows the flexibility and reduces the cost of boat
maintenance because each owner has to contribute his share in the maintenance of the boat This agreement is suitable for use
where all of the proposed sharers will own a share in the boat
Use of boat
All the sharers must decide that whether they use the boat for commercial purpose of not This agreement does not use to
create any partnership or joint venture
Important provisions
The Yacht Shares Agreement must contain the following important provisions Such as
bull Detail of the owners
bull Use of boat
bull General management and expenses of the Boat
bull Personal possessions
bull Warranties and indemnities
bull Termination and assignment
The law allows the sharing ownership and it is valid Boat share agreement is also called yacht share agreement or Fractional
yacht ownership
Primary evidence
It is necessary the all the owners must use a written agreement to record the details of the ownership The yacht share
agreement must discuss the role and responsibilit ies of each owner precisely Fractional yacht ownership contract also
develops the mutual trust and relationship between the owners Courts always prefer the written agreement because it is
primary evidence
Maintenance of the boat
It order to avoid disputes amongst the owners the agreement must discuss and adopt the formula about the cost of
maintenance Usually disputes arise on the expenses of maintenance and it is also considered main threat to the fractional
ownership So to avoid confusion every owner must know his obligation and responsibilities toward boat maintenance The
fraction agreement provides the opportunity to the owners to by a luxury boat because it increases the money and provides
the flexibility to the sharing of maintenance cost
Dispute resolution
The agreement must incorporate the dispute resolution provision The disputes can be emerged at any stage It is very common
that disputes amongst the sharers usually arise So it is prudent to include the dispute resolution clause It imposes the
obligation on the other owners to use the mediation process for resolving the disputes rather than commencing the litigation
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Fair terms
You have a right to led a luxurious life and enjoy a relaxed atmosphere If you want to buy a boat and donrsquot have enough
finance then you can involve other person to buy a boat and such ownership will be called fractional ownership The fair terms
always provide the long term relationship
Net Lawman provides the comprehensive and precise Boat share Agreement Such as
Boat share agreement three or more owners
This agreement covers any situation where three or more people or sets of people share ownership and use of a boat for
leisure The agreement has been drawn to as to regulate occupation where only one owner occupies the boat at one time
However there is nothing to prevent a second owner sharing time with another owner
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Business sale agreements for Buying or Selling a Business
What is business sale agreement
Business sale agreements are a very important document because it completes the transaction of sale it must
be made with precaution It is made between the business owner (the seller) and buyer All the liabilities of the sell
pass on to buyer after the completion of the sale It is the duty of the buyer to take all pre cautionary steps before
buying a ongoing business
Terms and conditions
The buyer and seller must negotiate all terms and condition for selling the business It is the duty of the seller to
provide access to the buyer to all relevant business documents Buyer must verify the all documents before
entering into sale agreement
Liabilities of the seller
The liabilities of the seller will move n to the buyer after the purchasing of the business So it i s the obligation of
the buyer to discuss with sell whether the business obligation will pass on to the buyer or not If yes then buyer
can reduce the purchasing amount The agreement must provide such info Because it will minimize the confusion
between the parties it will also determine the nature of l iability of the buyer
Legal status of business
The buyer must also check the legal status of the business whether it is registered or not The buyer must check
the all relevant legal requirement before buying the business The buyer must also confirm that whether the
business property has been mortgaged or not
Tax obligations
The buyer must also ensure that whether the business is paying tax regularly or not This will give the idea to the
buyer whether to buy the business or not This will also help the buyer to know the current legal status of the
business because default in tax crates various legal complications
Status of employees
The buyer must also ensure that whether the employee have been paid regularly or not The seller must discuss
with the buyer about the status of the employee The employment Relations Act 2000 requires that vulnerable
employee (cleaning food catering workers) have entitlement to continue job with new employer and to negotiate
for redundancy payments with new employer if their services are not required
Checking of all relevant record
The seller must also provide the all other relevant information to the buyer for helping to ascertain the legal
identity of the business The sell do not conceal anything which the law require to disclose before buyer The sell
must also provide the any contract details of the business to the buyer
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Obligation of the buyer
The buyer must also notify to all relevant authorities as a new owner after the buying of the business The buyer
must transfer the business name after purchasing it The buyer must also transfer the all relevant record to his
name as a new owner The new owner also intimates the all employees about the change of ownership of the
business The new owner also intimate to all other relevant parties about the purchasing of the business The new
owner must observe the all legal requirements for the smooth running of the business When the ownership is
transferred the liabilities of the previous ownerrsquos cases and liabilities of the new owner will be commenced
Net Lawman provides the comprehensive business sale agreements Such as
Agreement for purchase of hot food takeaway assignment of leasehold property website but not e-commerce
This is a comprehensive agreement for the sale and purchase of a business by an individual a company or any
other organization
Note not suitable for sale of shares in a company For a company sale see Net Lawman company section
Internet service provider agreement for PurchaseSale of Business full version
Use this comprehensive agreement to buy an Internet service provider business of any sort with freehold or
leasehold premises in any location Large menu of warranties
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Grievance amp disciplinary procedure for an employer and employee
It is the right to the employer to dismiss a worker based on misconduct The employment law does not lay down
the any statutory procedure about dismissal and disciplinary procedure but case law has laid down the certain
rules that procedure must be fair and dismissal must be based on valid reasons It is worthwhile that employment
agreement must be clear and concise and there must no ambiguous provision It is the prerequisite of theemployment law that every employment agreement must tell the employee about the process of disciplinary
procedure and about grounds of misconduct
Employer must follow the following important principles in order to dismiss an employee Such as
Employer must have fair ground for dismissal
Employer must follow a fair procedure
Employer must follow the provisions laid down in employment contract
Employer must provide the amount of notice to an employee where it is required
Employer must follow the procedure laid down in the employment agreement
The procedure
Warning letter
Employer must issue a warning letter to employee whom act is qualified as misconduct which is a subject to
dismissal
Nature of misconduct
Employer must intimate the employee about the nature of the problem before commencement of the disciplinary
action
Right to have a representative
Employer must tell the employee that he has been right to have a representative along with him to attend the
disciplinary proceedings
Opportunity to respond
Employer must provide a reasonable opportunity to an employee to respond to the allegations which are leveled
against him before taking any disciplinary action against the employee
Investigation into the allegations
The employer must investigate the allegations comprehensively and without considering the irrelevant issues
Opportunity to improve
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The employer may provide an opportunity to an employee for improvement of his conduct if the nature of
allegation is not so serious
Employer can dismiss the employee if the nature of allegations is so serious and these are proven against him
Employee on Trial period
It is not necessary for an employer to consult an employee about the nature of allegations if the employee is on a
trial period
Employer may give the notice of employee dismissal letter that is on trial period but the employee cannot
challenge the unjustified dismissal
Uniformity of the rules
The employer must follow and observe the standard disciplinary rules and there must no discrimination based on
sex age race religion etc This uniformity of the disciplinary rules will create a healthy and good atmosphere
within the organization
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Why employment policies are important for an employer and employee
From 1 July 2011 every employee must have a written employment agreement under the Employment Relations
Act 2000 It is the legal duty of the all employer to retain a signed copy of the employment agreement
Employee policy is a set of rules and practices that deals with ongoing management and administration of thecompany organization
It is the right of the each employer to introduce and set up the different types of policies for their employee But it
is also mandatory that each policy never violate the statutory rights of the employee Everything cannot be jotted
down in employment agreement because employment agreement only provides the info about the mandatory
provisions such as leaves nature of job termination notice payment etc
Employment policy must not create any type of discrimination Employment policy must be perfect and clear in all
aspects Employment policy must be communicated to each employee
Employer can change the employment policy at any time but it is also mandatory to communicate the employee
about the nature of changes
I t is not necessary that employer implement the policy on every aspects but it is also necessary that employees
must understand what is being expected from them and what they get in return
Employment policy must be in written form Every business has different demands and scopes and therefore it is
necessary that each employer must establish polices in accordance with nature of their business
Employment policy must be same for all employees and it never creates any discrimination on the basis of race
sex religion Employment policy can be included in employee handbook or it can be written in a separate
document
Employment policy must be practical and reasonable so that employee understands what the policy is going to
achieve
Employment policy also often called the workplace policy and it define the purposes and goals of the organization
A well drafted and comprehensive employment policy
Never violate the statutory rights of the employee
Ensures that organization is being working in businesslike manner
Supplies the framework for business planning
Explain functions and responsibilities
Guarantees the uniformity and consistency in decision making
It is necessary that employment policy must be implanted throughout the organization The breach of the any
provision of the policy must be dealt with promptly and in accordance with the procedure defined in the policy
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It is the useful for organizations to review the employment regularly to ensure that these are up to date Employee
must tell the employee about the any change in employment policy so that employees understand what are the
employer new directions It is beneficial for the employer to arrange a training session so that employee may
completely understand the purposes s and demands of the policies
An employment policy must explain the key terms used in policy and must tell to whom this policy will be appliedEmployment policy must be clear understandable Employment policy must be in plain English and easily
understandable
Net Lawman provides the following types of employment policies Such as
Data security policy
Comprehensive policy to publicize your compliance with legal obligations of the New Zealand data protection
policy and spell out to staff how you and they will use all data
Company car policy
A model company cars policy for any sized business and educates staff in best practice
Computer use email Internet and communications policy
A computer and email policy with 40 paragraphs of down-to- earth common sense to protect your business
Protects your data your reputation and your business and sets out a model policy for any size of business
Equal opportunities and non harassment policy
Comprehensive guidance covering company policy and employee obligations with sexual harassment spelled
out Helps protect you from tribunal claims arising from discrimination and sexual harassment
Drugs and alcohol misuse policy
Comprehensive drugs and alcohol policy which aids compliance with health and safety legislation as well as acting
as a warning to employees about the consequences of drug and alcohol misuse Use it to protect your business
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Personal Guarantee Form for New Zealand
Tool to recover money
A Personal Guarantee is a promise by the guarantor to the lender that guarantor will carry out the entire outstanding
obligation in the case of default by the debtor A personal guarantee is useful tool to recover the money because it provides the
two choices to the lender Such asFirst It provides the opportunity to pursue the debtor to payback the amount and fulfill contractual obligation
Second it provides the remedy to pursue the guarantor to fulfill the remaining obligations of the creditor
Minimizes the fraud
So personal guarantee protect the money of the lender and there are less chances of fraud in presence of personal guarantee
Guarantee creates the secondary obligation because primary obligation is always lie on the debtor to ensure the contractual
obligations You must set down precisely in the contract what you want the guarantor to guarantee
Written form
The contract of guarantee must be in written form and it must be signed by the guarantor Oral guarantee has no value in the
eye of law and law does not recognize the oral guarantee It is the statutory requirement that contract of guarantee must be in
written form
Causes of personal guarantee
Mostly the lender requires the guarantee when the business is new and has no previous credit history Generally the director
of the company provides the personal guarantee to repay the loan if the company fails to do so
Guarantor liability
The guarantor liability commenced when the debtor fails to perform his obligation The Guarantor may not assign nor transfer
all or any of its rights and obligations without first obtaining the prior written consent of the creditor
Understanding of the contract
The guarantor must read the agreement before signing it He must know and understand the nature of liability Because once
the agreement is signed it becomes the legal document Basically personal guarantee is a promise of the guarantor to repay
the loan
Assurance to the lender
Persona guarantee bound the guarantor to fulfill his obligation because the lender gives the money to the debtor on the surety
of the guarantor In fact guarantor imposes the burden on the guarantor Guarantor is a person who gives the assurance to the
lender that his money will be repaid in all cases otherwise he will be liable for this It is the guarantor who satisfies the lender
about the debtor
Difference between guarantee and indemnity
There are three parties involved in the contract of guarantee such as the surety principal debtor and the creditor While there
are two parties involved in indemnity such as indemnifier and indemnity holder
Indemnity is a contract by one party to keep the other harmless against a loss
Legal duties
Usually lender demands the guarantee to secure their payment because the debtor can be escaped In the case Linda Jane
Inkster v Mountain Wear 2004 Limited High Court held that guarantor must take legal advice before signing the agreement
Indemnity can be oral and there is no need to be in written form
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Discharge of the duties
Guarantee discharges the liabilities and obligations of the third parties and bound to perform the obligations
Net Lawman provides the comprehensive Guarantee of contract debt Such as
Guarantee of contract debt
This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier
of goods has failed or is l ikely to fail to make payment when due It can be used with any performance contract and can add a
personal guarantee for an individual or bring in another party such as a business The key benefit of this document is that the
original contract remains unchanged making this a neat solution to adding a guarantor
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Personal Loan Agreements suitable for individuals and businesses
What is a loan agreement
Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The
document that records the details of the loan is called loan agreement The parties to the loan
agreement are called lender and borrower A loan agreement must be in written form in order to
enforce its terms Usually the loan agreement is mad between
Individuals
Corporations
Individuals and corporations
Personal loan agreement
Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates
the personal loan It is the legal obligation of the lender to furnish the relevant information to the
borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan
agreement is also known as Consumer Credit Contract
Secured and unsecured loan
A loan agreement can be secured or unsecured The line of distinction between secured and unsecured
loan is that a secured loan agreement requires the collateral but unsecured loan contact does not
involve the collateral Unsecured loan is always based on high interest rate
Provisions of the loan agreement
A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the
lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan
agreement must be precise in all aspects The loan agreement must contain the following important
terms Such as
Date of agreement
Advance amount
Amount of loan
interest rate
repayment plan
Interest rate
Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It
is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating
the daily interest rate of the daily unpaid balance
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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What is Boat share Agreement
How to buy a boat
Before buying the boat as a sole owner you can consider the option of boat sharing ownership with friends or relatives The
boat share agreement is used to set up the fractional ownership To attain this the prospective sharers could purchase a boat
together or they could buy shares in a boat already owned by one of the sharers It is immense idea to involve more owners tobuy boat rather than buying individually
Use of share ownership
Share ownership gives you the opportunity to buy a large and better boat It allows the flexibility and reduces the cost of boat
maintenance because each owner has to contribute his share in the maintenance of the boat This agreement is suitable for use
where all of the proposed sharers will own a share in the boat
Use of boat
All the sharers must decide that whether they use the boat for commercial purpose of not This agreement does not use to
create any partnership or joint venture
Important provisions
The Yacht Shares Agreement must contain the following important provisions Such as
bull Detail of the owners
bull Use of boat
bull General management and expenses of the Boat
bull Personal possessions
bull Warranties and indemnities
bull Termination and assignment
The law allows the sharing ownership and it is valid Boat share agreement is also called yacht share agreement or Fractional
yacht ownership
Primary evidence
It is necessary the all the owners must use a written agreement to record the details of the ownership The yacht share
agreement must discuss the role and responsibilit ies of each owner precisely Fractional yacht ownership contract also
develops the mutual trust and relationship between the owners Courts always prefer the written agreement because it is
primary evidence
Maintenance of the boat
It order to avoid disputes amongst the owners the agreement must discuss and adopt the formula about the cost of
maintenance Usually disputes arise on the expenses of maintenance and it is also considered main threat to the fractional
ownership So to avoid confusion every owner must know his obligation and responsibilities toward boat maintenance The
fraction agreement provides the opportunity to the owners to by a luxury boat because it increases the money and provides
the flexibility to the sharing of maintenance cost
Dispute resolution
The agreement must incorporate the dispute resolution provision The disputes can be emerged at any stage It is very common
that disputes amongst the sharers usually arise So it is prudent to include the dispute resolution clause It imposes the
obligation on the other owners to use the mediation process for resolving the disputes rather than commencing the litigation
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Fair terms
You have a right to led a luxurious life and enjoy a relaxed atmosphere If you want to buy a boat and donrsquot have enough
finance then you can involve other person to buy a boat and such ownership will be called fractional ownership The fair terms
always provide the long term relationship
Net Lawman provides the comprehensive and precise Boat share Agreement Such as
Boat share agreement three or more owners
This agreement covers any situation where three or more people or sets of people share ownership and use of a boat for
leisure The agreement has been drawn to as to regulate occupation where only one owner occupies the boat at one time
However there is nothing to prevent a second owner sharing time with another owner
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Business sale agreements for Buying or Selling a Business
What is business sale agreement
Business sale agreements are a very important document because it completes the transaction of sale it must
be made with precaution It is made between the business owner (the seller) and buyer All the liabilities of the sell
pass on to buyer after the completion of the sale It is the duty of the buyer to take all pre cautionary steps before
buying a ongoing business
Terms and conditions
The buyer and seller must negotiate all terms and condition for selling the business It is the duty of the seller to
provide access to the buyer to all relevant business documents Buyer must verify the all documents before
entering into sale agreement
Liabilities of the seller
The liabilities of the seller will move n to the buyer after the purchasing of the business So it i s the obligation of
the buyer to discuss with sell whether the business obligation will pass on to the buyer or not If yes then buyer
can reduce the purchasing amount The agreement must provide such info Because it will minimize the confusion
between the parties it will also determine the nature of l iability of the buyer
Legal status of business
The buyer must also check the legal status of the business whether it is registered or not The buyer must check
the all relevant legal requirement before buying the business The buyer must also confirm that whether the
business property has been mortgaged or not
Tax obligations
The buyer must also ensure that whether the business is paying tax regularly or not This will give the idea to the
buyer whether to buy the business or not This will also help the buyer to know the current legal status of the
business because default in tax crates various legal complications
Status of employees
The buyer must also ensure that whether the employee have been paid regularly or not The seller must discuss
with the buyer about the status of the employee The employment Relations Act 2000 requires that vulnerable
employee (cleaning food catering workers) have entitlement to continue job with new employer and to negotiate
for redundancy payments with new employer if their services are not required
Checking of all relevant record
The seller must also provide the all other relevant information to the buyer for helping to ascertain the legal
identity of the business The sell do not conceal anything which the law require to disclose before buyer The sell
must also provide the any contract details of the business to the buyer
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Obligation of the buyer
The buyer must also notify to all relevant authorities as a new owner after the buying of the business The buyer
must transfer the business name after purchasing it The buyer must also transfer the all relevant record to his
name as a new owner The new owner also intimates the all employees about the change of ownership of the
business The new owner also intimate to all other relevant parties about the purchasing of the business The new
owner must observe the all legal requirements for the smooth running of the business When the ownership is
transferred the liabilities of the previous ownerrsquos cases and liabilities of the new owner will be commenced
Net Lawman provides the comprehensive business sale agreements Such as
Agreement for purchase of hot food takeaway assignment of leasehold property website but not e-commerce
This is a comprehensive agreement for the sale and purchase of a business by an individual a company or any
other organization
Note not suitable for sale of shares in a company For a company sale see Net Lawman company section
Internet service provider agreement for PurchaseSale of Business full version
Use this comprehensive agreement to buy an Internet service provider business of any sort with freehold or
leasehold premises in any location Large menu of warranties
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Grievance amp disciplinary procedure for an employer and employee
It is the right to the employer to dismiss a worker based on misconduct The employment law does not lay down
the any statutory procedure about dismissal and disciplinary procedure but case law has laid down the certain
rules that procedure must be fair and dismissal must be based on valid reasons It is worthwhile that employment
agreement must be clear and concise and there must no ambiguous provision It is the prerequisite of theemployment law that every employment agreement must tell the employee about the process of disciplinary
procedure and about grounds of misconduct
Employer must follow the following important principles in order to dismiss an employee Such as
Employer must have fair ground for dismissal
Employer must follow a fair procedure
Employer must follow the provisions laid down in employment contract
Employer must provide the amount of notice to an employee where it is required
Employer must follow the procedure laid down in the employment agreement
The procedure
Warning letter
Employer must issue a warning letter to employee whom act is qualified as misconduct which is a subject to
dismissal
Nature of misconduct
Employer must intimate the employee about the nature of the problem before commencement of the disciplinary
action
Right to have a representative
Employer must tell the employee that he has been right to have a representative along with him to attend the
disciplinary proceedings
Opportunity to respond
Employer must provide a reasonable opportunity to an employee to respond to the allegations which are leveled
against him before taking any disciplinary action against the employee
Investigation into the allegations
The employer must investigate the allegations comprehensively and without considering the irrelevant issues
Opportunity to improve
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The employer may provide an opportunity to an employee for improvement of his conduct if the nature of
allegation is not so serious
Employer can dismiss the employee if the nature of allegations is so serious and these are proven against him
Employee on Trial period
It is not necessary for an employer to consult an employee about the nature of allegations if the employee is on a
trial period
Employer may give the notice of employee dismissal letter that is on trial period but the employee cannot
challenge the unjustified dismissal
Uniformity of the rules
The employer must follow and observe the standard disciplinary rules and there must no discrimination based on
sex age race religion etc This uniformity of the disciplinary rules will create a healthy and good atmosphere
within the organization
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Why employment policies are important for an employer and employee
From 1 July 2011 every employee must have a written employment agreement under the Employment Relations
Act 2000 It is the legal duty of the all employer to retain a signed copy of the employment agreement
Employee policy is a set of rules and practices that deals with ongoing management and administration of thecompany organization
It is the right of the each employer to introduce and set up the different types of policies for their employee But it
is also mandatory that each policy never violate the statutory rights of the employee Everything cannot be jotted
down in employment agreement because employment agreement only provides the info about the mandatory
provisions such as leaves nature of job termination notice payment etc
Employment policy must not create any type of discrimination Employment policy must be perfect and clear in all
aspects Employment policy must be communicated to each employee
Employer can change the employment policy at any time but it is also mandatory to communicate the employee
about the nature of changes
I t is not necessary that employer implement the policy on every aspects but it is also necessary that employees
must understand what is being expected from them and what they get in return
Employment policy must be in written form Every business has different demands and scopes and therefore it is
necessary that each employer must establish polices in accordance with nature of their business
Employment policy must be same for all employees and it never creates any discrimination on the basis of race
sex religion Employment policy can be included in employee handbook or it can be written in a separate
document
Employment policy must be practical and reasonable so that employee understands what the policy is going to
achieve
Employment policy also often called the workplace policy and it define the purposes and goals of the organization
A well drafted and comprehensive employment policy
Never violate the statutory rights of the employee
Ensures that organization is being working in businesslike manner
Supplies the framework for business planning
Explain functions and responsibilities
Guarantees the uniformity and consistency in decision making
It is necessary that employment policy must be implanted throughout the organization The breach of the any
provision of the policy must be dealt with promptly and in accordance with the procedure defined in the policy
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It is the useful for organizations to review the employment regularly to ensure that these are up to date Employee
must tell the employee about the any change in employment policy so that employees understand what are the
employer new directions It is beneficial for the employer to arrange a training session so that employee may
completely understand the purposes s and demands of the policies
An employment policy must explain the key terms used in policy and must tell to whom this policy will be appliedEmployment policy must be clear understandable Employment policy must be in plain English and easily
understandable
Net Lawman provides the following types of employment policies Such as
Data security policy
Comprehensive policy to publicize your compliance with legal obligations of the New Zealand data protection
policy and spell out to staff how you and they will use all data
Company car policy
A model company cars policy for any sized business and educates staff in best practice
Computer use email Internet and communications policy
A computer and email policy with 40 paragraphs of down-to- earth common sense to protect your business
Protects your data your reputation and your business and sets out a model policy for any size of business
Equal opportunities and non harassment policy
Comprehensive guidance covering company policy and employee obligations with sexual harassment spelled
out Helps protect you from tribunal claims arising from discrimination and sexual harassment
Drugs and alcohol misuse policy
Comprehensive drugs and alcohol policy which aids compliance with health and safety legislation as well as acting
as a warning to employees about the consequences of drug and alcohol misuse Use it to protect your business
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Personal Guarantee Form for New Zealand
Tool to recover money
A Personal Guarantee is a promise by the guarantor to the lender that guarantor will carry out the entire outstanding
obligation in the case of default by the debtor A personal guarantee is useful tool to recover the money because it provides the
two choices to the lender Such asFirst It provides the opportunity to pursue the debtor to payback the amount and fulfill contractual obligation
Second it provides the remedy to pursue the guarantor to fulfill the remaining obligations of the creditor
Minimizes the fraud
So personal guarantee protect the money of the lender and there are less chances of fraud in presence of personal guarantee
Guarantee creates the secondary obligation because primary obligation is always lie on the debtor to ensure the contractual
obligations You must set down precisely in the contract what you want the guarantor to guarantee
Written form
The contract of guarantee must be in written form and it must be signed by the guarantor Oral guarantee has no value in the
eye of law and law does not recognize the oral guarantee It is the statutory requirement that contract of guarantee must be in
written form
Causes of personal guarantee
Mostly the lender requires the guarantee when the business is new and has no previous credit history Generally the director
of the company provides the personal guarantee to repay the loan if the company fails to do so
Guarantor liability
The guarantor liability commenced when the debtor fails to perform his obligation The Guarantor may not assign nor transfer
all or any of its rights and obligations without first obtaining the prior written consent of the creditor
Understanding of the contract
The guarantor must read the agreement before signing it He must know and understand the nature of liability Because once
the agreement is signed it becomes the legal document Basically personal guarantee is a promise of the guarantor to repay
the loan
Assurance to the lender
Persona guarantee bound the guarantor to fulfill his obligation because the lender gives the money to the debtor on the surety
of the guarantor In fact guarantor imposes the burden on the guarantor Guarantor is a person who gives the assurance to the
lender that his money will be repaid in all cases otherwise he will be liable for this It is the guarantor who satisfies the lender
about the debtor
Difference between guarantee and indemnity
There are three parties involved in the contract of guarantee such as the surety principal debtor and the creditor While there
are two parties involved in indemnity such as indemnifier and indemnity holder
Indemnity is a contract by one party to keep the other harmless against a loss
Legal duties
Usually lender demands the guarantee to secure their payment because the debtor can be escaped In the case Linda Jane
Inkster v Mountain Wear 2004 Limited High Court held that guarantor must take legal advice before signing the agreement
Indemnity can be oral and there is no need to be in written form
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Discharge of the duties
Guarantee discharges the liabilities and obligations of the third parties and bound to perform the obligations
Net Lawman provides the comprehensive Guarantee of contract debt Such as
Guarantee of contract debt
This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier
of goods has failed or is l ikely to fail to make payment when due It can be used with any performance contract and can add a
personal guarantee for an individual or bring in another party such as a business The key benefit of this document is that the
original contract remains unchanged making this a neat solution to adding a guarantor
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Personal Loan Agreements suitable for individuals and businesses
What is a loan agreement
Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The
document that records the details of the loan is called loan agreement The parties to the loan
agreement are called lender and borrower A loan agreement must be in written form in order to
enforce its terms Usually the loan agreement is mad between
Individuals
Corporations
Individuals and corporations
Personal loan agreement
Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates
the personal loan It is the legal obligation of the lender to furnish the relevant information to the
borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan
agreement is also known as Consumer Credit Contract
Secured and unsecured loan
A loan agreement can be secured or unsecured The line of distinction between secured and unsecured
loan is that a secured loan agreement requires the collateral but unsecured loan contact does not
involve the collateral Unsecured loan is always based on high interest rate
Provisions of the loan agreement
A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the
lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan
agreement must be precise in all aspects The loan agreement must contain the following important
terms Such as
Date of agreement
Advance amount
Amount of loan
interest rate
repayment plan
Interest rate
Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It
is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating
the daily interest rate of the daily unpaid balance
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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Fair terms
You have a right to led a luxurious life and enjoy a relaxed atmosphere If you want to buy a boat and donrsquot have enough
finance then you can involve other person to buy a boat and such ownership will be called fractional ownership The fair terms
always provide the long term relationship
Net Lawman provides the comprehensive and precise Boat share Agreement Such as
Boat share agreement three or more owners
This agreement covers any situation where three or more people or sets of people share ownership and use of a boat for
leisure The agreement has been drawn to as to regulate occupation where only one owner occupies the boat at one time
However there is nothing to prevent a second owner sharing time with another owner
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Business sale agreements for Buying or Selling a Business
What is business sale agreement
Business sale agreements are a very important document because it completes the transaction of sale it must
be made with precaution It is made between the business owner (the seller) and buyer All the liabilities of the sell
pass on to buyer after the completion of the sale It is the duty of the buyer to take all pre cautionary steps before
buying a ongoing business
Terms and conditions
The buyer and seller must negotiate all terms and condition for selling the business It is the duty of the seller to
provide access to the buyer to all relevant business documents Buyer must verify the all documents before
entering into sale agreement
Liabilities of the seller
The liabilities of the seller will move n to the buyer after the purchasing of the business So it i s the obligation of
the buyer to discuss with sell whether the business obligation will pass on to the buyer or not If yes then buyer
can reduce the purchasing amount The agreement must provide such info Because it will minimize the confusion
between the parties it will also determine the nature of l iability of the buyer
Legal status of business
The buyer must also check the legal status of the business whether it is registered or not The buyer must check
the all relevant legal requirement before buying the business The buyer must also confirm that whether the
business property has been mortgaged or not
Tax obligations
The buyer must also ensure that whether the business is paying tax regularly or not This will give the idea to the
buyer whether to buy the business or not This will also help the buyer to know the current legal status of the
business because default in tax crates various legal complications
Status of employees
The buyer must also ensure that whether the employee have been paid regularly or not The seller must discuss
with the buyer about the status of the employee The employment Relations Act 2000 requires that vulnerable
employee (cleaning food catering workers) have entitlement to continue job with new employer and to negotiate
for redundancy payments with new employer if their services are not required
Checking of all relevant record
The seller must also provide the all other relevant information to the buyer for helping to ascertain the legal
identity of the business The sell do not conceal anything which the law require to disclose before buyer The sell
must also provide the any contract details of the business to the buyer
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Obligation of the buyer
The buyer must also notify to all relevant authorities as a new owner after the buying of the business The buyer
must transfer the business name after purchasing it The buyer must also transfer the all relevant record to his
name as a new owner The new owner also intimates the all employees about the change of ownership of the
business The new owner also intimate to all other relevant parties about the purchasing of the business The new
owner must observe the all legal requirements for the smooth running of the business When the ownership is
transferred the liabilities of the previous ownerrsquos cases and liabilities of the new owner will be commenced
Net Lawman provides the comprehensive business sale agreements Such as
Agreement for purchase of hot food takeaway assignment of leasehold property website but not e-commerce
This is a comprehensive agreement for the sale and purchase of a business by an individual a company or any
other organization
Note not suitable for sale of shares in a company For a company sale see Net Lawman company section
Internet service provider agreement for PurchaseSale of Business full version
Use this comprehensive agreement to buy an Internet service provider business of any sort with freehold or
leasehold premises in any location Large menu of warranties
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Grievance amp disciplinary procedure for an employer and employee
It is the right to the employer to dismiss a worker based on misconduct The employment law does not lay down
the any statutory procedure about dismissal and disciplinary procedure but case law has laid down the certain
rules that procedure must be fair and dismissal must be based on valid reasons It is worthwhile that employment
agreement must be clear and concise and there must no ambiguous provision It is the prerequisite of theemployment law that every employment agreement must tell the employee about the process of disciplinary
procedure and about grounds of misconduct
Employer must follow the following important principles in order to dismiss an employee Such as
Employer must have fair ground for dismissal
Employer must follow a fair procedure
Employer must follow the provisions laid down in employment contract
Employer must provide the amount of notice to an employee where it is required
Employer must follow the procedure laid down in the employment agreement
The procedure
Warning letter
Employer must issue a warning letter to employee whom act is qualified as misconduct which is a subject to
dismissal
Nature of misconduct
Employer must intimate the employee about the nature of the problem before commencement of the disciplinary
action
Right to have a representative
Employer must tell the employee that he has been right to have a representative along with him to attend the
disciplinary proceedings
Opportunity to respond
Employer must provide a reasonable opportunity to an employee to respond to the allegations which are leveled
against him before taking any disciplinary action against the employee
Investigation into the allegations
The employer must investigate the allegations comprehensively and without considering the irrelevant issues
Opportunity to improve
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The employer may provide an opportunity to an employee for improvement of his conduct if the nature of
allegation is not so serious
Employer can dismiss the employee if the nature of allegations is so serious and these are proven against him
Employee on Trial period
It is not necessary for an employer to consult an employee about the nature of allegations if the employee is on a
trial period
Employer may give the notice of employee dismissal letter that is on trial period but the employee cannot
challenge the unjustified dismissal
Uniformity of the rules
The employer must follow and observe the standard disciplinary rules and there must no discrimination based on
sex age race religion etc This uniformity of the disciplinary rules will create a healthy and good atmosphere
within the organization
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Why employment policies are important for an employer and employee
From 1 July 2011 every employee must have a written employment agreement under the Employment Relations
Act 2000 It is the legal duty of the all employer to retain a signed copy of the employment agreement
Employee policy is a set of rules and practices that deals with ongoing management and administration of thecompany organization
It is the right of the each employer to introduce and set up the different types of policies for their employee But it
is also mandatory that each policy never violate the statutory rights of the employee Everything cannot be jotted
down in employment agreement because employment agreement only provides the info about the mandatory
provisions such as leaves nature of job termination notice payment etc
Employment policy must not create any type of discrimination Employment policy must be perfect and clear in all
aspects Employment policy must be communicated to each employee
Employer can change the employment policy at any time but it is also mandatory to communicate the employee
about the nature of changes
I t is not necessary that employer implement the policy on every aspects but it is also necessary that employees
must understand what is being expected from them and what they get in return
Employment policy must be in written form Every business has different demands and scopes and therefore it is
necessary that each employer must establish polices in accordance with nature of their business
Employment policy must be same for all employees and it never creates any discrimination on the basis of race
sex religion Employment policy can be included in employee handbook or it can be written in a separate
document
Employment policy must be practical and reasonable so that employee understands what the policy is going to
achieve
Employment policy also often called the workplace policy and it define the purposes and goals of the organization
A well drafted and comprehensive employment policy
Never violate the statutory rights of the employee
Ensures that organization is being working in businesslike manner
Supplies the framework for business planning
Explain functions and responsibilities
Guarantees the uniformity and consistency in decision making
It is necessary that employment policy must be implanted throughout the organization The breach of the any
provision of the policy must be dealt with promptly and in accordance with the procedure defined in the policy
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It is the useful for organizations to review the employment regularly to ensure that these are up to date Employee
must tell the employee about the any change in employment policy so that employees understand what are the
employer new directions It is beneficial for the employer to arrange a training session so that employee may
completely understand the purposes s and demands of the policies
An employment policy must explain the key terms used in policy and must tell to whom this policy will be appliedEmployment policy must be clear understandable Employment policy must be in plain English and easily
understandable
Net Lawman provides the following types of employment policies Such as
Data security policy
Comprehensive policy to publicize your compliance with legal obligations of the New Zealand data protection
policy and spell out to staff how you and they will use all data
Company car policy
A model company cars policy for any sized business and educates staff in best practice
Computer use email Internet and communications policy
A computer and email policy with 40 paragraphs of down-to- earth common sense to protect your business
Protects your data your reputation and your business and sets out a model policy for any size of business
Equal opportunities and non harassment policy
Comprehensive guidance covering company policy and employee obligations with sexual harassment spelled
out Helps protect you from tribunal claims arising from discrimination and sexual harassment
Drugs and alcohol misuse policy
Comprehensive drugs and alcohol policy which aids compliance with health and safety legislation as well as acting
as a warning to employees about the consequences of drug and alcohol misuse Use it to protect your business
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Personal Guarantee Form for New Zealand
Tool to recover money
A Personal Guarantee is a promise by the guarantor to the lender that guarantor will carry out the entire outstanding
obligation in the case of default by the debtor A personal guarantee is useful tool to recover the money because it provides the
two choices to the lender Such asFirst It provides the opportunity to pursue the debtor to payback the amount and fulfill contractual obligation
Second it provides the remedy to pursue the guarantor to fulfill the remaining obligations of the creditor
Minimizes the fraud
So personal guarantee protect the money of the lender and there are less chances of fraud in presence of personal guarantee
Guarantee creates the secondary obligation because primary obligation is always lie on the debtor to ensure the contractual
obligations You must set down precisely in the contract what you want the guarantor to guarantee
Written form
The contract of guarantee must be in written form and it must be signed by the guarantor Oral guarantee has no value in the
eye of law and law does not recognize the oral guarantee It is the statutory requirement that contract of guarantee must be in
written form
Causes of personal guarantee
Mostly the lender requires the guarantee when the business is new and has no previous credit history Generally the director
of the company provides the personal guarantee to repay the loan if the company fails to do so
Guarantor liability
The guarantor liability commenced when the debtor fails to perform his obligation The Guarantor may not assign nor transfer
all or any of its rights and obligations without first obtaining the prior written consent of the creditor
Understanding of the contract
The guarantor must read the agreement before signing it He must know and understand the nature of liability Because once
the agreement is signed it becomes the legal document Basically personal guarantee is a promise of the guarantor to repay
the loan
Assurance to the lender
Persona guarantee bound the guarantor to fulfill his obligation because the lender gives the money to the debtor on the surety
of the guarantor In fact guarantor imposes the burden on the guarantor Guarantor is a person who gives the assurance to the
lender that his money will be repaid in all cases otherwise he will be liable for this It is the guarantor who satisfies the lender
about the debtor
Difference between guarantee and indemnity
There are three parties involved in the contract of guarantee such as the surety principal debtor and the creditor While there
are two parties involved in indemnity such as indemnifier and indemnity holder
Indemnity is a contract by one party to keep the other harmless against a loss
Legal duties
Usually lender demands the guarantee to secure their payment because the debtor can be escaped In the case Linda Jane
Inkster v Mountain Wear 2004 Limited High Court held that guarantor must take legal advice before signing the agreement
Indemnity can be oral and there is no need to be in written form
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Discharge of the duties
Guarantee discharges the liabilities and obligations of the third parties and bound to perform the obligations
Net Lawman provides the comprehensive Guarantee of contract debt Such as
Guarantee of contract debt
This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier
of goods has failed or is l ikely to fail to make payment when due It can be used with any performance contract and can add a
personal guarantee for an individual or bring in another party such as a business The key benefit of this document is that the
original contract remains unchanged making this a neat solution to adding a guarantor
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Personal Loan Agreements suitable for individuals and businesses
What is a loan agreement
Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The
document that records the details of the loan is called loan agreement The parties to the loan
agreement are called lender and borrower A loan agreement must be in written form in order to
enforce its terms Usually the loan agreement is mad between
Individuals
Corporations
Individuals and corporations
Personal loan agreement
Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates
the personal loan It is the legal obligation of the lender to furnish the relevant information to the
borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan
agreement is also known as Consumer Credit Contract
Secured and unsecured loan
A loan agreement can be secured or unsecured The line of distinction between secured and unsecured
loan is that a secured loan agreement requires the collateral but unsecured loan contact does not
involve the collateral Unsecured loan is always based on high interest rate
Provisions of the loan agreement
A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the
lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan
agreement must be precise in all aspects The loan agreement must contain the following important
terms Such as
Date of agreement
Advance amount
Amount of loan
interest rate
repayment plan
Interest rate
Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It
is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating
the daily interest rate of the daily unpaid balance
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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Business sale agreements for Buying or Selling a Business
What is business sale agreement
Business sale agreements are a very important document because it completes the transaction of sale it must
be made with precaution It is made between the business owner (the seller) and buyer All the liabilities of the sell
pass on to buyer after the completion of the sale It is the duty of the buyer to take all pre cautionary steps before
buying a ongoing business
Terms and conditions
The buyer and seller must negotiate all terms and condition for selling the business It is the duty of the seller to
provide access to the buyer to all relevant business documents Buyer must verify the all documents before
entering into sale agreement
Liabilities of the seller
The liabilities of the seller will move n to the buyer after the purchasing of the business So it i s the obligation of
the buyer to discuss with sell whether the business obligation will pass on to the buyer or not If yes then buyer
can reduce the purchasing amount The agreement must provide such info Because it will minimize the confusion
between the parties it will also determine the nature of l iability of the buyer
Legal status of business
The buyer must also check the legal status of the business whether it is registered or not The buyer must check
the all relevant legal requirement before buying the business The buyer must also confirm that whether the
business property has been mortgaged or not
Tax obligations
The buyer must also ensure that whether the business is paying tax regularly or not This will give the idea to the
buyer whether to buy the business or not This will also help the buyer to know the current legal status of the
business because default in tax crates various legal complications
Status of employees
The buyer must also ensure that whether the employee have been paid regularly or not The seller must discuss
with the buyer about the status of the employee The employment Relations Act 2000 requires that vulnerable
employee (cleaning food catering workers) have entitlement to continue job with new employer and to negotiate
for redundancy payments with new employer if their services are not required
Checking of all relevant record
The seller must also provide the all other relevant information to the buyer for helping to ascertain the legal
identity of the business The sell do not conceal anything which the law require to disclose before buyer The sell
must also provide the any contract details of the business to the buyer
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Obligation of the buyer
The buyer must also notify to all relevant authorities as a new owner after the buying of the business The buyer
must transfer the business name after purchasing it The buyer must also transfer the all relevant record to his
name as a new owner The new owner also intimates the all employees about the change of ownership of the
business The new owner also intimate to all other relevant parties about the purchasing of the business The new
owner must observe the all legal requirements for the smooth running of the business When the ownership is
transferred the liabilities of the previous ownerrsquos cases and liabilities of the new owner will be commenced
Net Lawman provides the comprehensive business sale agreements Such as
Agreement for purchase of hot food takeaway assignment of leasehold property website but not e-commerce
This is a comprehensive agreement for the sale and purchase of a business by an individual a company or any
other organization
Note not suitable for sale of shares in a company For a company sale see Net Lawman company section
Internet service provider agreement for PurchaseSale of Business full version
Use this comprehensive agreement to buy an Internet service provider business of any sort with freehold or
leasehold premises in any location Large menu of warranties
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Grievance amp disciplinary procedure for an employer and employee
It is the right to the employer to dismiss a worker based on misconduct The employment law does not lay down
the any statutory procedure about dismissal and disciplinary procedure but case law has laid down the certain
rules that procedure must be fair and dismissal must be based on valid reasons It is worthwhile that employment
agreement must be clear and concise and there must no ambiguous provision It is the prerequisite of theemployment law that every employment agreement must tell the employee about the process of disciplinary
procedure and about grounds of misconduct
Employer must follow the following important principles in order to dismiss an employee Such as
Employer must have fair ground for dismissal
Employer must follow a fair procedure
Employer must follow the provisions laid down in employment contract
Employer must provide the amount of notice to an employee where it is required
Employer must follow the procedure laid down in the employment agreement
The procedure
Warning letter
Employer must issue a warning letter to employee whom act is qualified as misconduct which is a subject to
dismissal
Nature of misconduct
Employer must intimate the employee about the nature of the problem before commencement of the disciplinary
action
Right to have a representative
Employer must tell the employee that he has been right to have a representative along with him to attend the
disciplinary proceedings
Opportunity to respond
Employer must provide a reasonable opportunity to an employee to respond to the allegations which are leveled
against him before taking any disciplinary action against the employee
Investigation into the allegations
The employer must investigate the allegations comprehensively and without considering the irrelevant issues
Opportunity to improve
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The employer may provide an opportunity to an employee for improvement of his conduct if the nature of
allegation is not so serious
Employer can dismiss the employee if the nature of allegations is so serious and these are proven against him
Employee on Trial period
It is not necessary for an employer to consult an employee about the nature of allegations if the employee is on a
trial period
Employer may give the notice of employee dismissal letter that is on trial period but the employee cannot
challenge the unjustified dismissal
Uniformity of the rules
The employer must follow and observe the standard disciplinary rules and there must no discrimination based on
sex age race religion etc This uniformity of the disciplinary rules will create a healthy and good atmosphere
within the organization
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Why employment policies are important for an employer and employee
From 1 July 2011 every employee must have a written employment agreement under the Employment Relations
Act 2000 It is the legal duty of the all employer to retain a signed copy of the employment agreement
Employee policy is a set of rules and practices that deals with ongoing management and administration of thecompany organization
It is the right of the each employer to introduce and set up the different types of policies for their employee But it
is also mandatory that each policy never violate the statutory rights of the employee Everything cannot be jotted
down in employment agreement because employment agreement only provides the info about the mandatory
provisions such as leaves nature of job termination notice payment etc
Employment policy must not create any type of discrimination Employment policy must be perfect and clear in all
aspects Employment policy must be communicated to each employee
Employer can change the employment policy at any time but it is also mandatory to communicate the employee
about the nature of changes
I t is not necessary that employer implement the policy on every aspects but it is also necessary that employees
must understand what is being expected from them and what they get in return
Employment policy must be in written form Every business has different demands and scopes and therefore it is
necessary that each employer must establish polices in accordance with nature of their business
Employment policy must be same for all employees and it never creates any discrimination on the basis of race
sex religion Employment policy can be included in employee handbook or it can be written in a separate
document
Employment policy must be practical and reasonable so that employee understands what the policy is going to
achieve
Employment policy also often called the workplace policy and it define the purposes and goals of the organization
A well drafted and comprehensive employment policy
Never violate the statutory rights of the employee
Ensures that organization is being working in businesslike manner
Supplies the framework for business planning
Explain functions and responsibilities
Guarantees the uniformity and consistency in decision making
It is necessary that employment policy must be implanted throughout the organization The breach of the any
provision of the policy must be dealt with promptly and in accordance with the procedure defined in the policy
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It is the useful for organizations to review the employment regularly to ensure that these are up to date Employee
must tell the employee about the any change in employment policy so that employees understand what are the
employer new directions It is beneficial for the employer to arrange a training session so that employee may
completely understand the purposes s and demands of the policies
An employment policy must explain the key terms used in policy and must tell to whom this policy will be appliedEmployment policy must be clear understandable Employment policy must be in plain English and easily
understandable
Net Lawman provides the following types of employment policies Such as
Data security policy
Comprehensive policy to publicize your compliance with legal obligations of the New Zealand data protection
policy and spell out to staff how you and they will use all data
Company car policy
A model company cars policy for any sized business and educates staff in best practice
Computer use email Internet and communications policy
A computer and email policy with 40 paragraphs of down-to- earth common sense to protect your business
Protects your data your reputation and your business and sets out a model policy for any size of business
Equal opportunities and non harassment policy
Comprehensive guidance covering company policy and employee obligations with sexual harassment spelled
out Helps protect you from tribunal claims arising from discrimination and sexual harassment
Drugs and alcohol misuse policy
Comprehensive drugs and alcohol policy which aids compliance with health and safety legislation as well as acting
as a warning to employees about the consequences of drug and alcohol misuse Use it to protect your business
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Personal Guarantee Form for New Zealand
Tool to recover money
A Personal Guarantee is a promise by the guarantor to the lender that guarantor will carry out the entire outstanding
obligation in the case of default by the debtor A personal guarantee is useful tool to recover the money because it provides the
two choices to the lender Such asFirst It provides the opportunity to pursue the debtor to payback the amount and fulfill contractual obligation
Second it provides the remedy to pursue the guarantor to fulfill the remaining obligations of the creditor
Minimizes the fraud
So personal guarantee protect the money of the lender and there are less chances of fraud in presence of personal guarantee
Guarantee creates the secondary obligation because primary obligation is always lie on the debtor to ensure the contractual
obligations You must set down precisely in the contract what you want the guarantor to guarantee
Written form
The contract of guarantee must be in written form and it must be signed by the guarantor Oral guarantee has no value in the
eye of law and law does not recognize the oral guarantee It is the statutory requirement that contract of guarantee must be in
written form
Causes of personal guarantee
Mostly the lender requires the guarantee when the business is new and has no previous credit history Generally the director
of the company provides the personal guarantee to repay the loan if the company fails to do so
Guarantor liability
The guarantor liability commenced when the debtor fails to perform his obligation The Guarantor may not assign nor transfer
all or any of its rights and obligations without first obtaining the prior written consent of the creditor
Understanding of the contract
The guarantor must read the agreement before signing it He must know and understand the nature of liability Because once
the agreement is signed it becomes the legal document Basically personal guarantee is a promise of the guarantor to repay
the loan
Assurance to the lender
Persona guarantee bound the guarantor to fulfill his obligation because the lender gives the money to the debtor on the surety
of the guarantor In fact guarantor imposes the burden on the guarantor Guarantor is a person who gives the assurance to the
lender that his money will be repaid in all cases otherwise he will be liable for this It is the guarantor who satisfies the lender
about the debtor
Difference between guarantee and indemnity
There are three parties involved in the contract of guarantee such as the surety principal debtor and the creditor While there
are two parties involved in indemnity such as indemnifier and indemnity holder
Indemnity is a contract by one party to keep the other harmless against a loss
Legal duties
Usually lender demands the guarantee to secure their payment because the debtor can be escaped In the case Linda Jane
Inkster v Mountain Wear 2004 Limited High Court held that guarantor must take legal advice before signing the agreement
Indemnity can be oral and there is no need to be in written form
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Discharge of the duties
Guarantee discharges the liabilities and obligations of the third parties and bound to perform the obligations
Net Lawman provides the comprehensive Guarantee of contract debt Such as
Guarantee of contract debt
This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier
of goods has failed or is l ikely to fail to make payment when due It can be used with any performance contract and can add a
personal guarantee for an individual or bring in another party such as a business The key benefit of this document is that the
original contract remains unchanged making this a neat solution to adding a guarantor
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Personal Loan Agreements suitable for individuals and businesses
What is a loan agreement
Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The
document that records the details of the loan is called loan agreement The parties to the loan
agreement are called lender and borrower A loan agreement must be in written form in order to
enforce its terms Usually the loan agreement is mad between
Individuals
Corporations
Individuals and corporations
Personal loan agreement
Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates
the personal loan It is the legal obligation of the lender to furnish the relevant information to the
borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan
agreement is also known as Consumer Credit Contract
Secured and unsecured loan
A loan agreement can be secured or unsecured The line of distinction between secured and unsecured
loan is that a secured loan agreement requires the collateral but unsecured loan contact does not
involve the collateral Unsecured loan is always based on high interest rate
Provisions of the loan agreement
A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the
lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan
agreement must be precise in all aspects The loan agreement must contain the following important
terms Such as
Date of agreement
Advance amount
Amount of loan
interest rate
repayment plan
Interest rate
Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It
is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating
the daily interest rate of the daily unpaid balance
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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Obligation of the buyer
The buyer must also notify to all relevant authorities as a new owner after the buying of the business The buyer
must transfer the business name after purchasing it The buyer must also transfer the all relevant record to his
name as a new owner The new owner also intimates the all employees about the change of ownership of the
business The new owner also intimate to all other relevant parties about the purchasing of the business The new
owner must observe the all legal requirements for the smooth running of the business When the ownership is
transferred the liabilities of the previous ownerrsquos cases and liabilities of the new owner will be commenced
Net Lawman provides the comprehensive business sale agreements Such as
Agreement for purchase of hot food takeaway assignment of leasehold property website but not e-commerce
This is a comprehensive agreement for the sale and purchase of a business by an individual a company or any
other organization
Note not suitable for sale of shares in a company For a company sale see Net Lawman company section
Internet service provider agreement for PurchaseSale of Business full version
Use this comprehensive agreement to buy an Internet service provider business of any sort with freehold or
leasehold premises in any location Large menu of warranties
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Grievance amp disciplinary procedure for an employer and employee
It is the right to the employer to dismiss a worker based on misconduct The employment law does not lay down
the any statutory procedure about dismissal and disciplinary procedure but case law has laid down the certain
rules that procedure must be fair and dismissal must be based on valid reasons It is worthwhile that employment
agreement must be clear and concise and there must no ambiguous provision It is the prerequisite of theemployment law that every employment agreement must tell the employee about the process of disciplinary
procedure and about grounds of misconduct
Employer must follow the following important principles in order to dismiss an employee Such as
Employer must have fair ground for dismissal
Employer must follow a fair procedure
Employer must follow the provisions laid down in employment contract
Employer must provide the amount of notice to an employee where it is required
Employer must follow the procedure laid down in the employment agreement
The procedure
Warning letter
Employer must issue a warning letter to employee whom act is qualified as misconduct which is a subject to
dismissal
Nature of misconduct
Employer must intimate the employee about the nature of the problem before commencement of the disciplinary
action
Right to have a representative
Employer must tell the employee that he has been right to have a representative along with him to attend the
disciplinary proceedings
Opportunity to respond
Employer must provide a reasonable opportunity to an employee to respond to the allegations which are leveled
against him before taking any disciplinary action against the employee
Investigation into the allegations
The employer must investigate the allegations comprehensively and without considering the irrelevant issues
Opportunity to improve
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The employer may provide an opportunity to an employee for improvement of his conduct if the nature of
allegation is not so serious
Employer can dismiss the employee if the nature of allegations is so serious and these are proven against him
Employee on Trial period
It is not necessary for an employer to consult an employee about the nature of allegations if the employee is on a
trial period
Employer may give the notice of employee dismissal letter that is on trial period but the employee cannot
challenge the unjustified dismissal
Uniformity of the rules
The employer must follow and observe the standard disciplinary rules and there must no discrimination based on
sex age race religion etc This uniformity of the disciplinary rules will create a healthy and good atmosphere
within the organization
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Why employment policies are important for an employer and employee
From 1 July 2011 every employee must have a written employment agreement under the Employment Relations
Act 2000 It is the legal duty of the all employer to retain a signed copy of the employment agreement
Employee policy is a set of rules and practices that deals with ongoing management and administration of thecompany organization
It is the right of the each employer to introduce and set up the different types of policies for their employee But it
is also mandatory that each policy never violate the statutory rights of the employee Everything cannot be jotted
down in employment agreement because employment agreement only provides the info about the mandatory
provisions such as leaves nature of job termination notice payment etc
Employment policy must not create any type of discrimination Employment policy must be perfect and clear in all
aspects Employment policy must be communicated to each employee
Employer can change the employment policy at any time but it is also mandatory to communicate the employee
about the nature of changes
I t is not necessary that employer implement the policy on every aspects but it is also necessary that employees
must understand what is being expected from them and what they get in return
Employment policy must be in written form Every business has different demands and scopes and therefore it is
necessary that each employer must establish polices in accordance with nature of their business
Employment policy must be same for all employees and it never creates any discrimination on the basis of race
sex religion Employment policy can be included in employee handbook or it can be written in a separate
document
Employment policy must be practical and reasonable so that employee understands what the policy is going to
achieve
Employment policy also often called the workplace policy and it define the purposes and goals of the organization
A well drafted and comprehensive employment policy
Never violate the statutory rights of the employee
Ensures that organization is being working in businesslike manner
Supplies the framework for business planning
Explain functions and responsibilities
Guarantees the uniformity and consistency in decision making
It is necessary that employment policy must be implanted throughout the organization The breach of the any
provision of the policy must be dealt with promptly and in accordance with the procedure defined in the policy
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It is the useful for organizations to review the employment regularly to ensure that these are up to date Employee
must tell the employee about the any change in employment policy so that employees understand what are the
employer new directions It is beneficial for the employer to arrange a training session so that employee may
completely understand the purposes s and demands of the policies
An employment policy must explain the key terms used in policy and must tell to whom this policy will be appliedEmployment policy must be clear understandable Employment policy must be in plain English and easily
understandable
Net Lawman provides the following types of employment policies Such as
Data security policy
Comprehensive policy to publicize your compliance with legal obligations of the New Zealand data protection
policy and spell out to staff how you and they will use all data
Company car policy
A model company cars policy for any sized business and educates staff in best practice
Computer use email Internet and communications policy
A computer and email policy with 40 paragraphs of down-to- earth common sense to protect your business
Protects your data your reputation and your business and sets out a model policy for any size of business
Equal opportunities and non harassment policy
Comprehensive guidance covering company policy and employee obligations with sexual harassment spelled
out Helps protect you from tribunal claims arising from discrimination and sexual harassment
Drugs and alcohol misuse policy
Comprehensive drugs and alcohol policy which aids compliance with health and safety legislation as well as acting
as a warning to employees about the consequences of drug and alcohol misuse Use it to protect your business
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Personal Guarantee Form for New Zealand
Tool to recover money
A Personal Guarantee is a promise by the guarantor to the lender that guarantor will carry out the entire outstanding
obligation in the case of default by the debtor A personal guarantee is useful tool to recover the money because it provides the
two choices to the lender Such asFirst It provides the opportunity to pursue the debtor to payback the amount and fulfill contractual obligation
Second it provides the remedy to pursue the guarantor to fulfill the remaining obligations of the creditor
Minimizes the fraud
So personal guarantee protect the money of the lender and there are less chances of fraud in presence of personal guarantee
Guarantee creates the secondary obligation because primary obligation is always lie on the debtor to ensure the contractual
obligations You must set down precisely in the contract what you want the guarantor to guarantee
Written form
The contract of guarantee must be in written form and it must be signed by the guarantor Oral guarantee has no value in the
eye of law and law does not recognize the oral guarantee It is the statutory requirement that contract of guarantee must be in
written form
Causes of personal guarantee
Mostly the lender requires the guarantee when the business is new and has no previous credit history Generally the director
of the company provides the personal guarantee to repay the loan if the company fails to do so
Guarantor liability
The guarantor liability commenced when the debtor fails to perform his obligation The Guarantor may not assign nor transfer
all or any of its rights and obligations without first obtaining the prior written consent of the creditor
Understanding of the contract
The guarantor must read the agreement before signing it He must know and understand the nature of liability Because once
the agreement is signed it becomes the legal document Basically personal guarantee is a promise of the guarantor to repay
the loan
Assurance to the lender
Persona guarantee bound the guarantor to fulfill his obligation because the lender gives the money to the debtor on the surety
of the guarantor In fact guarantor imposes the burden on the guarantor Guarantor is a person who gives the assurance to the
lender that his money will be repaid in all cases otherwise he will be liable for this It is the guarantor who satisfies the lender
about the debtor
Difference between guarantee and indemnity
There are three parties involved in the contract of guarantee such as the surety principal debtor and the creditor While there
are two parties involved in indemnity such as indemnifier and indemnity holder
Indemnity is a contract by one party to keep the other harmless against a loss
Legal duties
Usually lender demands the guarantee to secure their payment because the debtor can be escaped In the case Linda Jane
Inkster v Mountain Wear 2004 Limited High Court held that guarantor must take legal advice before signing the agreement
Indemnity can be oral and there is no need to be in written form
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Discharge of the duties
Guarantee discharges the liabilities and obligations of the third parties and bound to perform the obligations
Net Lawman provides the comprehensive Guarantee of contract debt Such as
Guarantee of contract debt
This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier
of goods has failed or is l ikely to fail to make payment when due It can be used with any performance contract and can add a
personal guarantee for an individual or bring in another party such as a business The key benefit of this document is that the
original contract remains unchanged making this a neat solution to adding a guarantor
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Personal Loan Agreements suitable for individuals and businesses
What is a loan agreement
Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The
document that records the details of the loan is called loan agreement The parties to the loan
agreement are called lender and borrower A loan agreement must be in written form in order to
enforce its terms Usually the loan agreement is mad between
Individuals
Corporations
Individuals and corporations
Personal loan agreement
Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates
the personal loan It is the legal obligation of the lender to furnish the relevant information to the
borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan
agreement is also known as Consumer Credit Contract
Secured and unsecured loan
A loan agreement can be secured or unsecured The line of distinction between secured and unsecured
loan is that a secured loan agreement requires the collateral but unsecured loan contact does not
involve the collateral Unsecured loan is always based on high interest rate
Provisions of the loan agreement
A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the
lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan
agreement must be precise in all aspects The loan agreement must contain the following important
terms Such as
Date of agreement
Advance amount
Amount of loan
interest rate
repayment plan
Interest rate
Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It
is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating
the daily interest rate of the daily unpaid balance
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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Grievance amp disciplinary procedure for an employer and employee
It is the right to the employer to dismiss a worker based on misconduct The employment law does not lay down
the any statutory procedure about dismissal and disciplinary procedure but case law has laid down the certain
rules that procedure must be fair and dismissal must be based on valid reasons It is worthwhile that employment
agreement must be clear and concise and there must no ambiguous provision It is the prerequisite of theemployment law that every employment agreement must tell the employee about the process of disciplinary
procedure and about grounds of misconduct
Employer must follow the following important principles in order to dismiss an employee Such as
Employer must have fair ground for dismissal
Employer must follow a fair procedure
Employer must follow the provisions laid down in employment contract
Employer must provide the amount of notice to an employee where it is required
Employer must follow the procedure laid down in the employment agreement
The procedure
Warning letter
Employer must issue a warning letter to employee whom act is qualified as misconduct which is a subject to
dismissal
Nature of misconduct
Employer must intimate the employee about the nature of the problem before commencement of the disciplinary
action
Right to have a representative
Employer must tell the employee that he has been right to have a representative along with him to attend the
disciplinary proceedings
Opportunity to respond
Employer must provide a reasonable opportunity to an employee to respond to the allegations which are leveled
against him before taking any disciplinary action against the employee
Investigation into the allegations
The employer must investigate the allegations comprehensively and without considering the irrelevant issues
Opportunity to improve
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The employer may provide an opportunity to an employee for improvement of his conduct if the nature of
allegation is not so serious
Employer can dismiss the employee if the nature of allegations is so serious and these are proven against him
Employee on Trial period
It is not necessary for an employer to consult an employee about the nature of allegations if the employee is on a
trial period
Employer may give the notice of employee dismissal letter that is on trial period but the employee cannot
challenge the unjustified dismissal
Uniformity of the rules
The employer must follow and observe the standard disciplinary rules and there must no discrimination based on
sex age race religion etc This uniformity of the disciplinary rules will create a healthy and good atmosphere
within the organization
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Why employment policies are important for an employer and employee
From 1 July 2011 every employee must have a written employment agreement under the Employment Relations
Act 2000 It is the legal duty of the all employer to retain a signed copy of the employment agreement
Employee policy is a set of rules and practices that deals with ongoing management and administration of thecompany organization
It is the right of the each employer to introduce and set up the different types of policies for their employee But it
is also mandatory that each policy never violate the statutory rights of the employee Everything cannot be jotted
down in employment agreement because employment agreement only provides the info about the mandatory
provisions such as leaves nature of job termination notice payment etc
Employment policy must not create any type of discrimination Employment policy must be perfect and clear in all
aspects Employment policy must be communicated to each employee
Employer can change the employment policy at any time but it is also mandatory to communicate the employee
about the nature of changes
I t is not necessary that employer implement the policy on every aspects but it is also necessary that employees
must understand what is being expected from them and what they get in return
Employment policy must be in written form Every business has different demands and scopes and therefore it is
necessary that each employer must establish polices in accordance with nature of their business
Employment policy must be same for all employees and it never creates any discrimination on the basis of race
sex religion Employment policy can be included in employee handbook or it can be written in a separate
document
Employment policy must be practical and reasonable so that employee understands what the policy is going to
achieve
Employment policy also often called the workplace policy and it define the purposes and goals of the organization
A well drafted and comprehensive employment policy
Never violate the statutory rights of the employee
Ensures that organization is being working in businesslike manner
Supplies the framework for business planning
Explain functions and responsibilities
Guarantees the uniformity and consistency in decision making
It is necessary that employment policy must be implanted throughout the organization The breach of the any
provision of the policy must be dealt with promptly and in accordance with the procedure defined in the policy
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It is the useful for organizations to review the employment regularly to ensure that these are up to date Employee
must tell the employee about the any change in employment policy so that employees understand what are the
employer new directions It is beneficial for the employer to arrange a training session so that employee may
completely understand the purposes s and demands of the policies
An employment policy must explain the key terms used in policy and must tell to whom this policy will be appliedEmployment policy must be clear understandable Employment policy must be in plain English and easily
understandable
Net Lawman provides the following types of employment policies Such as
Data security policy
Comprehensive policy to publicize your compliance with legal obligations of the New Zealand data protection
policy and spell out to staff how you and they will use all data
Company car policy
A model company cars policy for any sized business and educates staff in best practice
Computer use email Internet and communications policy
A computer and email policy with 40 paragraphs of down-to- earth common sense to protect your business
Protects your data your reputation and your business and sets out a model policy for any size of business
Equal opportunities and non harassment policy
Comprehensive guidance covering company policy and employee obligations with sexual harassment spelled
out Helps protect you from tribunal claims arising from discrimination and sexual harassment
Drugs and alcohol misuse policy
Comprehensive drugs and alcohol policy which aids compliance with health and safety legislation as well as acting
as a warning to employees about the consequences of drug and alcohol misuse Use it to protect your business
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Personal Guarantee Form for New Zealand
Tool to recover money
A Personal Guarantee is a promise by the guarantor to the lender that guarantor will carry out the entire outstanding
obligation in the case of default by the debtor A personal guarantee is useful tool to recover the money because it provides the
two choices to the lender Such asFirst It provides the opportunity to pursue the debtor to payback the amount and fulfill contractual obligation
Second it provides the remedy to pursue the guarantor to fulfill the remaining obligations of the creditor
Minimizes the fraud
So personal guarantee protect the money of the lender and there are less chances of fraud in presence of personal guarantee
Guarantee creates the secondary obligation because primary obligation is always lie on the debtor to ensure the contractual
obligations You must set down precisely in the contract what you want the guarantor to guarantee
Written form
The contract of guarantee must be in written form and it must be signed by the guarantor Oral guarantee has no value in the
eye of law and law does not recognize the oral guarantee It is the statutory requirement that contract of guarantee must be in
written form
Causes of personal guarantee
Mostly the lender requires the guarantee when the business is new and has no previous credit history Generally the director
of the company provides the personal guarantee to repay the loan if the company fails to do so
Guarantor liability
The guarantor liability commenced when the debtor fails to perform his obligation The Guarantor may not assign nor transfer
all or any of its rights and obligations without first obtaining the prior written consent of the creditor
Understanding of the contract
The guarantor must read the agreement before signing it He must know and understand the nature of liability Because once
the agreement is signed it becomes the legal document Basically personal guarantee is a promise of the guarantor to repay
the loan
Assurance to the lender
Persona guarantee bound the guarantor to fulfill his obligation because the lender gives the money to the debtor on the surety
of the guarantor In fact guarantor imposes the burden on the guarantor Guarantor is a person who gives the assurance to the
lender that his money will be repaid in all cases otherwise he will be liable for this It is the guarantor who satisfies the lender
about the debtor
Difference between guarantee and indemnity
There are three parties involved in the contract of guarantee such as the surety principal debtor and the creditor While there
are two parties involved in indemnity such as indemnifier and indemnity holder
Indemnity is a contract by one party to keep the other harmless against a loss
Legal duties
Usually lender demands the guarantee to secure their payment because the debtor can be escaped In the case Linda Jane
Inkster v Mountain Wear 2004 Limited High Court held that guarantor must take legal advice before signing the agreement
Indemnity can be oral and there is no need to be in written form
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Discharge of the duties
Guarantee discharges the liabilities and obligations of the third parties and bound to perform the obligations
Net Lawman provides the comprehensive Guarantee of contract debt Such as
Guarantee of contract debt
This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier
of goods has failed or is l ikely to fail to make payment when due It can be used with any performance contract and can add a
personal guarantee for an individual or bring in another party such as a business The key benefit of this document is that the
original contract remains unchanged making this a neat solution to adding a guarantor
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Personal Loan Agreements suitable for individuals and businesses
What is a loan agreement
Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The
document that records the details of the loan is called loan agreement The parties to the loan
agreement are called lender and borrower A loan agreement must be in written form in order to
enforce its terms Usually the loan agreement is mad between
Individuals
Corporations
Individuals and corporations
Personal loan agreement
Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates
the personal loan It is the legal obligation of the lender to furnish the relevant information to the
borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan
agreement is also known as Consumer Credit Contract
Secured and unsecured loan
A loan agreement can be secured or unsecured The line of distinction between secured and unsecured
loan is that a secured loan agreement requires the collateral but unsecured loan contact does not
involve the collateral Unsecured loan is always based on high interest rate
Provisions of the loan agreement
A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the
lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan
agreement must be precise in all aspects The loan agreement must contain the following important
terms Such as
Date of agreement
Advance amount
Amount of loan
interest rate
repayment plan
Interest rate
Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It
is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating
the daily interest rate of the daily unpaid balance
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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The employer may provide an opportunity to an employee for improvement of his conduct if the nature of
allegation is not so serious
Employer can dismiss the employee if the nature of allegations is so serious and these are proven against him
Employee on Trial period
It is not necessary for an employer to consult an employee about the nature of allegations if the employee is on a
trial period
Employer may give the notice of employee dismissal letter that is on trial period but the employee cannot
challenge the unjustified dismissal
Uniformity of the rules
The employer must follow and observe the standard disciplinary rules and there must no discrimination based on
sex age race religion etc This uniformity of the disciplinary rules will create a healthy and good atmosphere
within the organization
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Why employment policies are important for an employer and employee
From 1 July 2011 every employee must have a written employment agreement under the Employment Relations
Act 2000 It is the legal duty of the all employer to retain a signed copy of the employment agreement
Employee policy is a set of rules and practices that deals with ongoing management and administration of thecompany organization
It is the right of the each employer to introduce and set up the different types of policies for their employee But it
is also mandatory that each policy never violate the statutory rights of the employee Everything cannot be jotted
down in employment agreement because employment agreement only provides the info about the mandatory
provisions such as leaves nature of job termination notice payment etc
Employment policy must not create any type of discrimination Employment policy must be perfect and clear in all
aspects Employment policy must be communicated to each employee
Employer can change the employment policy at any time but it is also mandatory to communicate the employee
about the nature of changes
I t is not necessary that employer implement the policy on every aspects but it is also necessary that employees
must understand what is being expected from them and what they get in return
Employment policy must be in written form Every business has different demands and scopes and therefore it is
necessary that each employer must establish polices in accordance with nature of their business
Employment policy must be same for all employees and it never creates any discrimination on the basis of race
sex religion Employment policy can be included in employee handbook or it can be written in a separate
document
Employment policy must be practical and reasonable so that employee understands what the policy is going to
achieve
Employment policy also often called the workplace policy and it define the purposes and goals of the organization
A well drafted and comprehensive employment policy
Never violate the statutory rights of the employee
Ensures that organization is being working in businesslike manner
Supplies the framework for business planning
Explain functions and responsibilities
Guarantees the uniformity and consistency in decision making
It is necessary that employment policy must be implanted throughout the organization The breach of the any
provision of the policy must be dealt with promptly and in accordance with the procedure defined in the policy
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It is the useful for organizations to review the employment regularly to ensure that these are up to date Employee
must tell the employee about the any change in employment policy so that employees understand what are the
employer new directions It is beneficial for the employer to arrange a training session so that employee may
completely understand the purposes s and demands of the policies
An employment policy must explain the key terms used in policy and must tell to whom this policy will be appliedEmployment policy must be clear understandable Employment policy must be in plain English and easily
understandable
Net Lawman provides the following types of employment policies Such as
Data security policy
Comprehensive policy to publicize your compliance with legal obligations of the New Zealand data protection
policy and spell out to staff how you and they will use all data
Company car policy
A model company cars policy for any sized business and educates staff in best practice
Computer use email Internet and communications policy
A computer and email policy with 40 paragraphs of down-to- earth common sense to protect your business
Protects your data your reputation and your business and sets out a model policy for any size of business
Equal opportunities and non harassment policy
Comprehensive guidance covering company policy and employee obligations with sexual harassment spelled
out Helps protect you from tribunal claims arising from discrimination and sexual harassment
Drugs and alcohol misuse policy
Comprehensive drugs and alcohol policy which aids compliance with health and safety legislation as well as acting
as a warning to employees about the consequences of drug and alcohol misuse Use it to protect your business
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Personal Guarantee Form for New Zealand
Tool to recover money
A Personal Guarantee is a promise by the guarantor to the lender that guarantor will carry out the entire outstanding
obligation in the case of default by the debtor A personal guarantee is useful tool to recover the money because it provides the
two choices to the lender Such asFirst It provides the opportunity to pursue the debtor to payback the amount and fulfill contractual obligation
Second it provides the remedy to pursue the guarantor to fulfill the remaining obligations of the creditor
Minimizes the fraud
So personal guarantee protect the money of the lender and there are less chances of fraud in presence of personal guarantee
Guarantee creates the secondary obligation because primary obligation is always lie on the debtor to ensure the contractual
obligations You must set down precisely in the contract what you want the guarantor to guarantee
Written form
The contract of guarantee must be in written form and it must be signed by the guarantor Oral guarantee has no value in the
eye of law and law does not recognize the oral guarantee It is the statutory requirement that contract of guarantee must be in
written form
Causes of personal guarantee
Mostly the lender requires the guarantee when the business is new and has no previous credit history Generally the director
of the company provides the personal guarantee to repay the loan if the company fails to do so
Guarantor liability
The guarantor liability commenced when the debtor fails to perform his obligation The Guarantor may not assign nor transfer
all or any of its rights and obligations without first obtaining the prior written consent of the creditor
Understanding of the contract
The guarantor must read the agreement before signing it He must know and understand the nature of liability Because once
the agreement is signed it becomes the legal document Basically personal guarantee is a promise of the guarantor to repay
the loan
Assurance to the lender
Persona guarantee bound the guarantor to fulfill his obligation because the lender gives the money to the debtor on the surety
of the guarantor In fact guarantor imposes the burden on the guarantor Guarantor is a person who gives the assurance to the
lender that his money will be repaid in all cases otherwise he will be liable for this It is the guarantor who satisfies the lender
about the debtor
Difference between guarantee and indemnity
There are three parties involved in the contract of guarantee such as the surety principal debtor and the creditor While there
are two parties involved in indemnity such as indemnifier and indemnity holder
Indemnity is a contract by one party to keep the other harmless against a loss
Legal duties
Usually lender demands the guarantee to secure their payment because the debtor can be escaped In the case Linda Jane
Inkster v Mountain Wear 2004 Limited High Court held that guarantor must take legal advice before signing the agreement
Indemnity can be oral and there is no need to be in written form
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Discharge of the duties
Guarantee discharges the liabilities and obligations of the third parties and bound to perform the obligations
Net Lawman provides the comprehensive Guarantee of contract debt Such as
Guarantee of contract debt
This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier
of goods has failed or is l ikely to fail to make payment when due It can be used with any performance contract and can add a
personal guarantee for an individual or bring in another party such as a business The key benefit of this document is that the
original contract remains unchanged making this a neat solution to adding a guarantor
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Personal Loan Agreements suitable for individuals and businesses
What is a loan agreement
Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The
document that records the details of the loan is called loan agreement The parties to the loan
agreement are called lender and borrower A loan agreement must be in written form in order to
enforce its terms Usually the loan agreement is mad between
Individuals
Corporations
Individuals and corporations
Personal loan agreement
Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates
the personal loan It is the legal obligation of the lender to furnish the relevant information to the
borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan
agreement is also known as Consumer Credit Contract
Secured and unsecured loan
A loan agreement can be secured or unsecured The line of distinction between secured and unsecured
loan is that a secured loan agreement requires the collateral but unsecured loan contact does not
involve the collateral Unsecured loan is always based on high interest rate
Provisions of the loan agreement
A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the
lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan
agreement must be precise in all aspects The loan agreement must contain the following important
terms Such as
Date of agreement
Advance amount
Amount of loan
interest rate
repayment plan
Interest rate
Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It
is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating
the daily interest rate of the daily unpaid balance
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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Why employment policies are important for an employer and employee
From 1 July 2011 every employee must have a written employment agreement under the Employment Relations
Act 2000 It is the legal duty of the all employer to retain a signed copy of the employment agreement
Employee policy is a set of rules and practices that deals with ongoing management and administration of thecompany organization
It is the right of the each employer to introduce and set up the different types of policies for their employee But it
is also mandatory that each policy never violate the statutory rights of the employee Everything cannot be jotted
down in employment agreement because employment agreement only provides the info about the mandatory
provisions such as leaves nature of job termination notice payment etc
Employment policy must not create any type of discrimination Employment policy must be perfect and clear in all
aspects Employment policy must be communicated to each employee
Employer can change the employment policy at any time but it is also mandatory to communicate the employee
about the nature of changes
I t is not necessary that employer implement the policy on every aspects but it is also necessary that employees
must understand what is being expected from them and what they get in return
Employment policy must be in written form Every business has different demands and scopes and therefore it is
necessary that each employer must establish polices in accordance with nature of their business
Employment policy must be same for all employees and it never creates any discrimination on the basis of race
sex religion Employment policy can be included in employee handbook or it can be written in a separate
document
Employment policy must be practical and reasonable so that employee understands what the policy is going to
achieve
Employment policy also often called the workplace policy and it define the purposes and goals of the organization
A well drafted and comprehensive employment policy
Never violate the statutory rights of the employee
Ensures that organization is being working in businesslike manner
Supplies the framework for business planning
Explain functions and responsibilities
Guarantees the uniformity and consistency in decision making
It is necessary that employment policy must be implanted throughout the organization The breach of the any
provision of the policy must be dealt with promptly and in accordance with the procedure defined in the policy
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It is the useful for organizations to review the employment regularly to ensure that these are up to date Employee
must tell the employee about the any change in employment policy so that employees understand what are the
employer new directions It is beneficial for the employer to arrange a training session so that employee may
completely understand the purposes s and demands of the policies
An employment policy must explain the key terms used in policy and must tell to whom this policy will be appliedEmployment policy must be clear understandable Employment policy must be in plain English and easily
understandable
Net Lawman provides the following types of employment policies Such as
Data security policy
Comprehensive policy to publicize your compliance with legal obligations of the New Zealand data protection
policy and spell out to staff how you and they will use all data
Company car policy
A model company cars policy for any sized business and educates staff in best practice
Computer use email Internet and communications policy
A computer and email policy with 40 paragraphs of down-to- earth common sense to protect your business
Protects your data your reputation and your business and sets out a model policy for any size of business
Equal opportunities and non harassment policy
Comprehensive guidance covering company policy and employee obligations with sexual harassment spelled
out Helps protect you from tribunal claims arising from discrimination and sexual harassment
Drugs and alcohol misuse policy
Comprehensive drugs and alcohol policy which aids compliance with health and safety legislation as well as acting
as a warning to employees about the consequences of drug and alcohol misuse Use it to protect your business
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Personal Guarantee Form for New Zealand
Tool to recover money
A Personal Guarantee is a promise by the guarantor to the lender that guarantor will carry out the entire outstanding
obligation in the case of default by the debtor A personal guarantee is useful tool to recover the money because it provides the
two choices to the lender Such asFirst It provides the opportunity to pursue the debtor to payback the amount and fulfill contractual obligation
Second it provides the remedy to pursue the guarantor to fulfill the remaining obligations of the creditor
Minimizes the fraud
So personal guarantee protect the money of the lender and there are less chances of fraud in presence of personal guarantee
Guarantee creates the secondary obligation because primary obligation is always lie on the debtor to ensure the contractual
obligations You must set down precisely in the contract what you want the guarantor to guarantee
Written form
The contract of guarantee must be in written form and it must be signed by the guarantor Oral guarantee has no value in the
eye of law and law does not recognize the oral guarantee It is the statutory requirement that contract of guarantee must be in
written form
Causes of personal guarantee
Mostly the lender requires the guarantee when the business is new and has no previous credit history Generally the director
of the company provides the personal guarantee to repay the loan if the company fails to do so
Guarantor liability
The guarantor liability commenced when the debtor fails to perform his obligation The Guarantor may not assign nor transfer
all or any of its rights and obligations without first obtaining the prior written consent of the creditor
Understanding of the contract
The guarantor must read the agreement before signing it He must know and understand the nature of liability Because once
the agreement is signed it becomes the legal document Basically personal guarantee is a promise of the guarantor to repay
the loan
Assurance to the lender
Persona guarantee bound the guarantor to fulfill his obligation because the lender gives the money to the debtor on the surety
of the guarantor In fact guarantor imposes the burden on the guarantor Guarantor is a person who gives the assurance to the
lender that his money will be repaid in all cases otherwise he will be liable for this It is the guarantor who satisfies the lender
about the debtor
Difference between guarantee and indemnity
There are three parties involved in the contract of guarantee such as the surety principal debtor and the creditor While there
are two parties involved in indemnity such as indemnifier and indemnity holder
Indemnity is a contract by one party to keep the other harmless against a loss
Legal duties
Usually lender demands the guarantee to secure their payment because the debtor can be escaped In the case Linda Jane
Inkster v Mountain Wear 2004 Limited High Court held that guarantor must take legal advice before signing the agreement
Indemnity can be oral and there is no need to be in written form
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Discharge of the duties
Guarantee discharges the liabilities and obligations of the third parties and bound to perform the obligations
Net Lawman provides the comprehensive Guarantee of contract debt Such as
Guarantee of contract debt
This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier
of goods has failed or is l ikely to fail to make payment when due It can be used with any performance contract and can add a
personal guarantee for an individual or bring in another party such as a business The key benefit of this document is that the
original contract remains unchanged making this a neat solution to adding a guarantor
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Personal Loan Agreements suitable for individuals and businesses
What is a loan agreement
Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The
document that records the details of the loan is called loan agreement The parties to the loan
agreement are called lender and borrower A loan agreement must be in written form in order to
enforce its terms Usually the loan agreement is mad between
Individuals
Corporations
Individuals and corporations
Personal loan agreement
Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates
the personal loan It is the legal obligation of the lender to furnish the relevant information to the
borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan
agreement is also known as Consumer Credit Contract
Secured and unsecured loan
A loan agreement can be secured or unsecured The line of distinction between secured and unsecured
loan is that a secured loan agreement requires the collateral but unsecured loan contact does not
involve the collateral Unsecured loan is always based on high interest rate
Provisions of the loan agreement
A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the
lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan
agreement must be precise in all aspects The loan agreement must contain the following important
terms Such as
Date of agreement
Advance amount
Amount of loan
interest rate
repayment plan
Interest rate
Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It
is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating
the daily interest rate of the daily unpaid balance
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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It is the useful for organizations to review the employment regularly to ensure that these are up to date Employee
must tell the employee about the any change in employment policy so that employees understand what are the
employer new directions It is beneficial for the employer to arrange a training session so that employee may
completely understand the purposes s and demands of the policies
An employment policy must explain the key terms used in policy and must tell to whom this policy will be appliedEmployment policy must be clear understandable Employment policy must be in plain English and easily
understandable
Net Lawman provides the following types of employment policies Such as
Data security policy
Comprehensive policy to publicize your compliance with legal obligations of the New Zealand data protection
policy and spell out to staff how you and they will use all data
Company car policy
A model company cars policy for any sized business and educates staff in best practice
Computer use email Internet and communications policy
A computer and email policy with 40 paragraphs of down-to- earth common sense to protect your business
Protects your data your reputation and your business and sets out a model policy for any size of business
Equal opportunities and non harassment policy
Comprehensive guidance covering company policy and employee obligations with sexual harassment spelled
out Helps protect you from tribunal claims arising from discrimination and sexual harassment
Drugs and alcohol misuse policy
Comprehensive drugs and alcohol policy which aids compliance with health and safety legislation as well as acting
as a warning to employees about the consequences of drug and alcohol misuse Use it to protect your business
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Personal Guarantee Form for New Zealand
Tool to recover money
A Personal Guarantee is a promise by the guarantor to the lender that guarantor will carry out the entire outstanding
obligation in the case of default by the debtor A personal guarantee is useful tool to recover the money because it provides the
two choices to the lender Such asFirst It provides the opportunity to pursue the debtor to payback the amount and fulfill contractual obligation
Second it provides the remedy to pursue the guarantor to fulfill the remaining obligations of the creditor
Minimizes the fraud
So personal guarantee protect the money of the lender and there are less chances of fraud in presence of personal guarantee
Guarantee creates the secondary obligation because primary obligation is always lie on the debtor to ensure the contractual
obligations You must set down precisely in the contract what you want the guarantor to guarantee
Written form
The contract of guarantee must be in written form and it must be signed by the guarantor Oral guarantee has no value in the
eye of law and law does not recognize the oral guarantee It is the statutory requirement that contract of guarantee must be in
written form
Causes of personal guarantee
Mostly the lender requires the guarantee when the business is new and has no previous credit history Generally the director
of the company provides the personal guarantee to repay the loan if the company fails to do so
Guarantor liability
The guarantor liability commenced when the debtor fails to perform his obligation The Guarantor may not assign nor transfer
all or any of its rights and obligations without first obtaining the prior written consent of the creditor
Understanding of the contract
The guarantor must read the agreement before signing it He must know and understand the nature of liability Because once
the agreement is signed it becomes the legal document Basically personal guarantee is a promise of the guarantor to repay
the loan
Assurance to the lender
Persona guarantee bound the guarantor to fulfill his obligation because the lender gives the money to the debtor on the surety
of the guarantor In fact guarantor imposes the burden on the guarantor Guarantor is a person who gives the assurance to the
lender that his money will be repaid in all cases otherwise he will be liable for this It is the guarantor who satisfies the lender
about the debtor
Difference between guarantee and indemnity
There are three parties involved in the contract of guarantee such as the surety principal debtor and the creditor While there
are two parties involved in indemnity such as indemnifier and indemnity holder
Indemnity is a contract by one party to keep the other harmless against a loss
Legal duties
Usually lender demands the guarantee to secure their payment because the debtor can be escaped In the case Linda Jane
Inkster v Mountain Wear 2004 Limited High Court held that guarantor must take legal advice before signing the agreement
Indemnity can be oral and there is no need to be in written form
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Discharge of the duties
Guarantee discharges the liabilities and obligations of the third parties and bound to perform the obligations
Net Lawman provides the comprehensive Guarantee of contract debt Such as
Guarantee of contract debt
This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier
of goods has failed or is l ikely to fail to make payment when due It can be used with any performance contract and can add a
personal guarantee for an individual or bring in another party such as a business The key benefit of this document is that the
original contract remains unchanged making this a neat solution to adding a guarantor
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Personal Loan Agreements suitable for individuals and businesses
What is a loan agreement
Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The
document that records the details of the loan is called loan agreement The parties to the loan
agreement are called lender and borrower A loan agreement must be in written form in order to
enforce its terms Usually the loan agreement is mad between
Individuals
Corporations
Individuals and corporations
Personal loan agreement
Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates
the personal loan It is the legal obligation of the lender to furnish the relevant information to the
borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan
agreement is also known as Consumer Credit Contract
Secured and unsecured loan
A loan agreement can be secured or unsecured The line of distinction between secured and unsecured
loan is that a secured loan agreement requires the collateral but unsecured loan contact does not
involve the collateral Unsecured loan is always based on high interest rate
Provisions of the loan agreement
A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the
lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan
agreement must be precise in all aspects The loan agreement must contain the following important
terms Such as
Date of agreement
Advance amount
Amount of loan
interest rate
repayment plan
Interest rate
Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It
is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating
the daily interest rate of the daily unpaid balance
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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Personal Guarantee Form for New Zealand
Tool to recover money
A Personal Guarantee is a promise by the guarantor to the lender that guarantor will carry out the entire outstanding
obligation in the case of default by the debtor A personal guarantee is useful tool to recover the money because it provides the
two choices to the lender Such asFirst It provides the opportunity to pursue the debtor to payback the amount and fulfill contractual obligation
Second it provides the remedy to pursue the guarantor to fulfill the remaining obligations of the creditor
Minimizes the fraud
So personal guarantee protect the money of the lender and there are less chances of fraud in presence of personal guarantee
Guarantee creates the secondary obligation because primary obligation is always lie on the debtor to ensure the contractual
obligations You must set down precisely in the contract what you want the guarantor to guarantee
Written form
The contract of guarantee must be in written form and it must be signed by the guarantor Oral guarantee has no value in the
eye of law and law does not recognize the oral guarantee It is the statutory requirement that contract of guarantee must be in
written form
Causes of personal guarantee
Mostly the lender requires the guarantee when the business is new and has no previous credit history Generally the director
of the company provides the personal guarantee to repay the loan if the company fails to do so
Guarantor liability
The guarantor liability commenced when the debtor fails to perform his obligation The Guarantor may not assign nor transfer
all or any of its rights and obligations without first obtaining the prior written consent of the creditor
Understanding of the contract
The guarantor must read the agreement before signing it He must know and understand the nature of liability Because once
the agreement is signed it becomes the legal document Basically personal guarantee is a promise of the guarantor to repay
the loan
Assurance to the lender
Persona guarantee bound the guarantor to fulfill his obligation because the lender gives the money to the debtor on the surety
of the guarantor In fact guarantor imposes the burden on the guarantor Guarantor is a person who gives the assurance to the
lender that his money will be repaid in all cases otherwise he will be liable for this It is the guarantor who satisfies the lender
about the debtor
Difference between guarantee and indemnity
There are three parties involved in the contract of guarantee such as the surety principal debtor and the creditor While there
are two parties involved in indemnity such as indemnifier and indemnity holder
Indemnity is a contract by one party to keep the other harmless against a loss
Legal duties
Usually lender demands the guarantee to secure their payment because the debtor can be escaped In the case Linda Jane
Inkster v Mountain Wear 2004 Limited High Court held that guarantor must take legal advice before signing the agreement
Indemnity can be oral and there is no need to be in written form
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Discharge of the duties
Guarantee discharges the liabilities and obligations of the third parties and bound to perform the obligations
Net Lawman provides the comprehensive Guarantee of contract debt Such as
Guarantee of contract debt
This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier
of goods has failed or is l ikely to fail to make payment when due It can be used with any performance contract and can add a
personal guarantee for an individual or bring in another party such as a business The key benefit of this document is that the
original contract remains unchanged making this a neat solution to adding a guarantor
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Personal Loan Agreements suitable for individuals and businesses
What is a loan agreement
Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The
document that records the details of the loan is called loan agreement The parties to the loan
agreement are called lender and borrower A loan agreement must be in written form in order to
enforce its terms Usually the loan agreement is mad between
Individuals
Corporations
Individuals and corporations
Personal loan agreement
Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates
the personal loan It is the legal obligation of the lender to furnish the relevant information to the
borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan
agreement is also known as Consumer Credit Contract
Secured and unsecured loan
A loan agreement can be secured or unsecured The line of distinction between secured and unsecured
loan is that a secured loan agreement requires the collateral but unsecured loan contact does not
involve the collateral Unsecured loan is always based on high interest rate
Provisions of the loan agreement
A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the
lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan
agreement must be precise in all aspects The loan agreement must contain the following important
terms Such as
Date of agreement
Advance amount
Amount of loan
interest rate
repayment plan
Interest rate
Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It
is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating
the daily interest rate of the daily unpaid balance
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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Discharge of the duties
Guarantee discharges the liabilities and obligations of the third parties and bound to perform the obligations
Net Lawman provides the comprehensive Guarantee of contract debt Such as
Guarantee of contract debt
This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier
of goods has failed or is l ikely to fail to make payment when due It can be used with any performance contract and can add a
personal guarantee for an individual or bring in another party such as a business The key benefit of this document is that the
original contract remains unchanged making this a neat solution to adding a guarantor
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Personal Loan Agreements suitable for individuals and businesses
What is a loan agreement
Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The
document that records the details of the loan is called loan agreement The parties to the loan
agreement are called lender and borrower A loan agreement must be in written form in order to
enforce its terms Usually the loan agreement is mad between
Individuals
Corporations
Individuals and corporations
Personal loan agreement
Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates
the personal loan It is the legal obligation of the lender to furnish the relevant information to the
borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan
agreement is also known as Consumer Credit Contract
Secured and unsecured loan
A loan agreement can be secured or unsecured The line of distinction between secured and unsecured
loan is that a secured loan agreement requires the collateral but unsecured loan contact does not
involve the collateral Unsecured loan is always based on high interest rate
Provisions of the loan agreement
A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the
lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan
agreement must be precise in all aspects The loan agreement must contain the following important
terms Such as
Date of agreement
Advance amount
Amount of loan
interest rate
repayment plan
Interest rate
Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It
is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating
the daily interest rate of the daily unpaid balance
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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Personal Loan Agreements suitable for individuals and businesses
What is a loan agreement
Everyone considers the loan to fulfil the personal needs or to enhance and promote the business The
document that records the details of the loan is called loan agreement The parties to the loan
agreement are called lender and borrower A loan agreement must be in written form in order to
enforce its terms Usually the loan agreement is mad between
Individuals
Corporations
Individuals and corporations
Personal loan agreement
Credit Contracts and Consumer Finance Act 2003 (the Act) commenced on 1 April 2005 and it regulates
the personal loan It is the legal obligation of the lender to furnish the relevant information to the
borrower before entering into the loan contract Personal loan agreement is a simple agreement and itdoes not involve legal technicalities as compare to commercial loan agreement A personal loan
agreement is also known as Consumer Credit Contract
Secured and unsecured loan
A loan agreement can be secured or unsecured The line of distinction between secured and unsecured
loan is that a secured loan agreement requires the collateral but unsecured loan contact does not
involve the collateral Unsecured loan is always based on high interest rate
Provisions of the loan agreement
A loan agreement must be in the written form because it records the intentions of the both parties It isvery easy to prove the written terms in the court A written loan agreement protects the interest of the
lender and borrower Loan agreement must incorporate the fair and reasonable terms A loan
agreement must be precise in all aspects The loan agreement must contain the following important
terms Such as
Date of agreement
Advance amount
Amount of loan
interest rate
repayment plan
Interest rate
Interest cannot be charged in advance and it must be disclosed at the earliest stage of the agreement It
is illegal to impose the highest interest rate Maximum interest rate can be determined by calculating
the daily interest rate of the daily unpaid balance
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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Repayment Plan
All the fees and charges must be disclosed to the borrower before entering into the contract and these
must be reasonable A loan contract must provide the term of the loan Usually the four methods are
used for repayment of the loan Such as
fixed period
lump sum
interest only
Interest and principal
The contract must disclose the repayment plan The debtor can repay the loan before the agreed term if
it is allowed by the agreement
Cancellation rights
Under the Act the debtor has a right to cancel the contract within three days after the disclosure has
been made
Fair and reasonable terms
It is the obligation of the lender to fulfil the provisions of the Act The person loan agreement must
contain the fair terms and it does not create any burdensome It is the criminal offence to breach any
provision of the Act The difference between loan agreement and promissory note is that the loan
agreement is an agreement to lend money which is to be repaid by a set schedule a promissory note is
a type of negotiable instrument simply a promise to pay an amount at a specific date
Legal consequences
It is advisable that borrower must read and understand the provisions of the loan agreement Once the
loan agreement is signed it becomes the legal agreement
Net Lawman Provides following types of Personal Loan Agreements Such as
Loan agreement unsecured
Standard loan agreement suitable for individuals and businesses Note the loan is not secured
therefore this agreement might be better suited to a borrower
Loan agreement secured by guarantor
Comprehensive loan agreement secured by a guarantor Our most popular loan agreement document -
can be modified to suit your unique circumstances or used as-is
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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Why do I need a Statutory Declaration Template
What is statutory declaration
The Oaths and Declarations Act 1957 (the Act) regulates the declarations in New Zealand The law aims to discover
the truth that requires evidence A Statutory Declaration is a tool of collecting evidence It is a statement of fact
which gives the statement greater evidentiary weight than it might otherwise have This is because if you lie in aStatutory Declaration then you can face criminal charges Declaring is a person who makes the declaration and
acknowledges the statement as true
Validity
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration is similar to oaths but it is not sworn
A statutory declaration is a legal written statement about the validity of the facts The declaration supports the
facts and gives them legal weight It is the legal duty of the declaring to provide the true facts Statutory
declaration is used to find out the truth The statement provided in the declaration by the declaring is considered
as true
Who may administer the declaration
A statutory declaration is a declaration made before an authorized person declaring the truth of the statements
contents The declaration can be used for a lot of purposes The declaration must be witnessed by the authorized
person Otherwise the declaration will be void abinito The Act provides the list of authorized person who have
authority to administer the declaration Such as
bull a person enrolled as a barrister and solicitor of the High Court or
bull a Justice of the Peace or
bull a notary public or
bull the Registrar or a Deputy Registrar of the Supreme Court or
bull the Registrar or a Deputy Registrar of the Court of Appeal or
bull Registrar or Deputy Registrar of the High Court or a District Court orbull (other person authorized by law to administer an oath or
bull a member of Parliament
The law requires that declaration must be in prescribed form The declaration must be signed by the person who
has taken the declaration
Relevant provision
Section 8 and 9 of the Act deals with requirement f the statutory declaration
Unlawful declaration
Every declaration shall be considered as illegal and unlawful if it is administered by such person who has no
authority to do The declaration is used to affirm the fact where there is other evidence is available It is made to
fulfill the legal requirements Any person may make the declaration by using the prescribed form
Duty of the declarant
The law imposes the liability on the declaring to not manipulate the facts If the statement provided proves as a
wrong then declaring will be prosecuted under the law It is an offence to provide the false statement
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
822019 NET LAWMAN Legal Documents New Zealand
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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Minimize false statement
The declaration is very important document in the eye of law The law requires the statutory declarations to
minimize the false statements It proves the contents of the statement It has a lot of evidentiary value Because
the declaring verifies that everything stated in the application is true
Net Lawman provides the following statutory declaration
Statutory declaration
Statutory declaration form often called a lsquostat decrsquo for use any time you need to swear a statement of truth
Suitable for anyone throughout New Zealand
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What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
822019 NET LAWMAN Legal Documents New Zealand
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz
What is a statutory Demand forms
Section 289 notice
Statutory demand is also known as section 289 notice Statutory demand is regulated by the
Companies Act 1993 Notice under section 289 is used to ask the company to payback the debtThe notice must be in writing It must be served on the company registration office Section 289
notice is served where the company is a debtor A statutory demand is a demand by a creditor
in respect of a debt owing by a company
Pre requisites
A statutory demand is a demand by a creditor in respect of a debt owing by a company A
demand must
be in respect of a debt that is due and is not less than the prescribed amount and
be in writing and
be served on the company and
require the company to pay the debt etc or
Otherwise compound with the creditor or give a charge over its property to secure payment of
the debt to the reasonable satisfaction of the creditor within 15 working days of the date of
service or such longer period as the court may order
Procedure
The section 289 notice is basically a letter of demand that is used for demanding the amountthat is owed by the company If the company does not pay the owed amount within fifteen
days after the service of notice then you can apply to High Court for the winding up of the
company If the company fails to defend the case in the court then the court will appoint a
liquidator Liquidator will take the control of the company and will satisfy the creditors
Generally company pays the owed amount within fifteen days after the service of the notice
The company has a right to challenge the notice within ten days to the curt after the service of
the notice
Setting aside of stat demand form
The court may on the application of the company set aside the demand letter The application
must be
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
822019 NET LAWMAN Legal Documents New Zealand
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
822019 NET LAWMAN Legal Documents New Zealand
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
822019 NET LAWMAN Legal Documents New Zealand
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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made within 10 working days of the date of service of the demand and
Served on the creditor within 10 working days of the date of service of the demand
No extension of time may be given for making or serving an application to have a demand formset aside but at the hearing of the application the court may extend the time for compliance
with the statutory demand
The court may grant an application to set aside a demand letter if it is satisfied that
there is a substantial dispute whether or not the debt is owing or is due or
the company appears to have a counterclaim set-off or cross-demand and the amount
specified in the demand less the amount of the counterclaim set-off or cross-demand is less
than the prescribed amount or
The demand ought to be set aside on other grounds
A demand must not be set aside by reason only of a defect or irregularity unless the court
considers that substantial injustice would be caused if it were not set aside
Net Lawman provides the up to date statutory demand form
Statutory demand forms and notes service on a company or LLP
Official statutory demand forms examples and notes Simple and effective debt collectingdevice Any person or company for use in the recovery of money
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
822019 NET LAWMAN Legal Documents New Zealand
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Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
822019 NET LAWMAN Legal Documents New Zealand
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How to Write a Warning Letter to Employee
First Warning
The employer must issue the warning letter before taking any serious action Warning letter is
necessary for the employee has not committed any gross mistake which amount to a dismissalThe major penalty the employer can impose on the employee is dismissal So the employer
must deal it reasonably If the employee does not breach the major rule the employer must
provide a chance to an employee by issuing a warning letter
Importance of strict actions
No doubt to maintain the discipline within the organization is a high and important task
Employer may impose major penalties to ensure the smooth running of the affairs of the
company The employment Relations Act imposes the obligation on employer to adopt just and
a fair disciplinary procedure
Essentials of warning
The warning letter must be in written form It must contain the following important provisions
Such as
Nature of wrong committed by employee
Future obligations of the employee
Reference of any previous warning letter
Time limit for improvement of the performance
Poor performance
The employer can issue the letter based on the poor performance of the employee Employer
must provide a reasonable time to an employee to promote his performance The letter must
state that if the employee does not meet the requirement s of the job then the employer has a
right to dismiss the employee
Final Warning
If the employee does not make an improvement after the issuance of the letter then employee
must arrange a meeting with an employee to tell him the things are not in his favor Therefore
he must reconsider his performance and conduct The employer must write the word final in
the letter After issuance of the final letter an employer has a right to dismiss the employee
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
822019 NET LAWMAN Legal Documents New Zealand
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
822019 NET LAWMAN Legal Documents New Zealand
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httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz
whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
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Dismissal
Employer must consider all alternative roles before terminating the employee Employer has a
right to dismiss the employee after issuance of the final warning letter The dismissal will not beunfair after the final warning
Redundancy and notice
Employer must provide the notice to the employer that his job is about to an end on the
following grounds
No work
Position is no longer required
Sale and transfer of business
Restructuring
Limitation
Employer cannot make you redundant in the following situations Such as
Your performance
Age
There is no compulsory Age unless it is mentioned in employment agreement
Right of appeal
Employee has a right to challenge the decisions if he thinks the decision is unfair Employee can
get the advice from the
a community law centre
Citizens Advice Bureau
the Department of Labor
the union that covers your area of work
The Employment Court will look at each case individually including whether
The redundancy is for genuine commercial reasons
The provisions of the relevant employment agreements have been observed
The employer has acted reasonably and fairly in the way the redundancy was carried out
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
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Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
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whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
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Right of compensation
An employer has an obligation to pay redundancy compensation where the relevant
employment agreement provides for that If there is no provision an employer can still chooseto pay redundancy compensation
Net Lawman provides the comprehensive Redundancy Letter
Redundancy confirmation letter to employee
Letter to an employee confirming their redundancy Provisions to add you own relevant and
unique reasons with notes and guidance on how to do this so that you comply with relevant
legislation
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz
Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz
whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz
Is confidential agreement useful for your business
What is confidential agreement
Any type of information that relates with business affairs have a value and worthy Confidential
information mostly relates with trade secrets business plans and new products Confidential
agreement is also known as no disclosure agreement A confidentiality agreement is the first step that
the parties should initiate before entering into such kind of serious and privileged discussion The
confidential agreement must be signed by the both parties
Necessity of confidential agreement
In the absence of any written agreement the disclosing party will be left with nothing to prove and
prevent the misuse of information that it shared with the other party Such an agreement is also a
simple way to gauge the intention of the other party and at the same time set the platform for futureunderstandings Therefore the first and the foremost requirement of the parties are to determine that
the confidential information which is being disclosed or mutually shared by the parties is protected from
any misuse To ensure the safety of the confidential information and the sensitive information of the
Disclosure being passed on in the wrong hands parties generally prefer to enter into confidentiality
agreements The importance of this agreement really tested when the things do not go as per the plan
and deal goes to sour
Description of confidential information
It is necessary for the recipient to know what extent information is considered as confidential So the
discloser must define the extent of information which is confidential Information already in publicdomain does not call as confidential information
Strict liability
The confidential agreement put strict liabilities and obligations on the recipient of the confidential
information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept
secret Information e may be of personal commercial non-commercial or sensitive nature including
trade secrets The success of the plan business depends upon confidential information Confidential
agreement cast a heavy burden on the recipient to keep the information as confidential The
confidential agreement is a legal agreement and the recipient of the confidential information can not
disclose such information under any circumstances
Information already in public domain
Information already in public domain or is common knowledge shall not qualify as confidential
information It is not a defence if the information becomes common knowledge because of the
disclosure by the recipient If the information is disclosed to a limited section of the public it shall be a
question of fact and degree whether the information is in the public domain There is doubt over
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz
whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
822019 NET LAWMAN Legal Documents New Zealand
httpslidepdfcomreaderfullnet-lawman-legal-documents-new-zealand 2324
NET LAWMAN LEGAL DOCUMENTS
httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
822019 NET LAWMAN Legal Documents New Zealand
httpslidepdfcomreaderfullnet-lawman-legal-documents-new-zealand 2224
NET LAWMAN LEGAL DOCUMENTS
httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz
whether knowledge by a limited section of the public is enough and it is a question of fact and degree in
every case
Breach of the agreement
The confidential agreement imposes the legal obligation on the recipient not to disclose the information
without getting the prior permission of the discloser The discloser can sue the recipient if the recipient
breaches the terms of the confidential agreement The court can impose the penalty on the recipient for
the breach of any term of the agreement
Benefits of confidential agreement
The principal benefit of the confidential agreement is that it protects the ideas and plans It imposes the
legal obligation on the recipient not to open the confidential information without prior obtaining the
permission of discloser Confidential agreement bounds the recipient to keep the information secret and
not misuse it
Net Lawman provides the following Confidentiality Agreement NZ Such as
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of a plans ideas or a prototype
Mutual confidentiality agreement | Mutual Non Disclosure Agreement (NDA)
This mutual confidentiality agreement (sometimes called a non-disclosure agreement or NDA) enablesparties to explore the possibilities for a deal before signing an agreement that covers the terms Being a
mutual agreement both sides agree to the same terms of disclosure but not necessarily the disclosure
of the same information This confidentiality agreement is a good way of protecting your secrets from
being used by the other side if the deal doesnt go ahead Examples of use might be sub-contract
manufacture business acquisition joint product development
Confidentiality agreement consultant contractor or supplier | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) is for use where a supplier may find
out sensitive information in the course of providing the goods or services Learning the information may
be necessary for the task or you may just be concerned that private information might be disclosedinadvertently Using this agreement is also an excellent way to remind suppliers of their responsibilities
to maintain client confidentiality
Confidentiality agreement | Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to
explore the possibilities for a deal before signing an agreement that covers the terms This
confidentiality agreement is a good way of protecting your secrets from being used by the other side if
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NET LAWMAN LEGAL DOCUMENTS
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the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
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NET LAWMAN LEGAL DOCUMENTS
Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
httpwwwnetlawmanconzlegal-documentsphp marketingnetlawmanconz
the deal doesnt go ahead Examples of use might be a proposed franchise a business acquisition the
appointment of an agent or distributor demonstration of plans ideas or a prototype
Is prenuptial agreement useful for couples
Prenuptial agreement has been permitted and legally enforceable in New Zealand since enactment of theMatrimonial Property Act 1976 Due to changes in law the Matrimonial Property Act 1976 was renamed the
Property (Relationships) Act 1976 In New Zealand the Pre nuptial agreements are also called the agreement to
contract out Property (Relationships) Act 1976
The Property (Relationships) Act 1976 deals with the Relationship property The Relationship property includes
1 the family home
2 family chattels such as household furniture and the family car (it does not include heirlooms or taonga)
3 any property acquired when contemplating the relationship
4 debts
5 insurance on the spouses or partners lives or on the family property6 any part of a superannuation scheme or policy attributable to the marriage or relationship
7 gifts or inheritances which the owning partner allows to become mixed with other relationship property
8 property owned jointly or in equal shares by the spouses or partners
9 generally property acquired by either spouse or partner during the relationship
10 property such as salary or wages which comes in during the relationship
11 property acquired by one spouse or partner before the marriage in contemplation of the relationship and
intended for the common use or benefit of both spouses or partners
12 property which both spouses or partners agree is relationship property
13 Increases in the value of relationship property income from it or the proceeds from sale of it
A pre-nuptial agreement also known as pre marriage or pre marital agreement is an agreement made between
spouses before they marry or enter into a civil partnership which establishes how they wish their assets to be
divided if they should divorce or have their civil partnership dissolved
The law provides the two options to the couples
1 To divide the property in accordance with their own arrangements and choices ( by entering into pre nup
agreement) or
2 By following the Act (property relationship act 1976)
The pre nuptial agreement allows the couples to decide about the ownership of the property without involving the
Property Relationship Act 1976 It is the sole discretion of the couples to settle the issues about status and
ownership of the property if the marriage breaks down The law requires that if the parties have entered into
agreement before the marriage then the all assets will be distributed in accordance with the provisions of the
agreement The law will only interfere if a serious injustice has been committed with one party
822019 NET LAWMAN Legal Documents New Zealand
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NET LAWMAN LEGAL DOCUMENTS
Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items
822019 NET LAWMAN Legal Documents New Zealand
httpslidepdfcomreaderfullnet-lawman-legal-documents-new-zealand 2424
NET LAWMAN LEGAL DOCUMENTS
Section 21 of the pre nuptial agreement allows the parties to contract out of property relationship Act Marriage
can come to end on the basis of any reason If you have not entered into pre nup agreement then the property will
be distributed on the equal basis
Pre nup agreement provides the amicable solution about the division of the property and minimizes the legal
disputes that may arise in case of marriage come to an end In absence of such agreement the law will apply Theagreement to contract out Property (Relationships) Act 1976 avoids the presumption of equal sharing of property
that arises when the relationship ends
The main requirements for the validity of the pre nup agreement are that
1 Each party to the agreement must have independent legal advice before signing the agreement
2 The signature of each party to the agreement must be witnessed by a lawyer
The pre nup agreements are not watertight and court only interfere in pre nup agreements where there is a
serious injustice with one party It is mandatory that both couples must read and understand the effect of each
provision of the agreement Once the agreement is signed it becomes legally binding
Net Lawman Provides the following Marriage Documents
The agreement to contract out Property (Relationships) Act 1976
Prenuptial agreements have been permitted in New Zealand since enactment of the Matrimonial Property Act
1976 Section 21 of the Property (Relationships) Act 1976 expressly authorizes that a husband and wife civil union
partners de facto partners or two persons in contemplation of entering into a marriage civil union or de facto
relationship may contract out of the provisions of the Act
Live together agreement
Suitable for any relationship where the people live together married or not married Includes references where
you can insert your details regarding property mortgages children f inancial accounts utility bills furniture and
electrical items