Starting a business?

It might be a Services Agreement, Product Supply Agreement, Terms of Trade, Online Course T&Cs, Online Product Sales T&Cs or a Software Licence. No matter your product or service, you'll need T&Cs with your customers/clients.

If you collect information that can identify someone (names, email addresses) there's certain info you must (by law) tell those people. Put it in a Privacy Policy. Use Website Terms and Conditions to protect the IP in your content and your business from harmful acts by users. 

Agree the rules between founders (such as voting rights and if/how shares can be sold) with a Shareholders' Agreement and determine what your Company can do (such as buy-back shares from shareholders or indemnify directors) with a Company Constitution.

You must (legally) have a written Employment Agreement with any employee. Agree key terms like pay, notice period, and IP ownership with your contractors using an Independent Contractor Agreement. See our blog Employee vs Contractor - What's the difference?

Use a Confidentiality Agreement (NDA) to protect any ideas or info you share. Consider a trade mark to stop others copying your name or logo, and if you're creating something new and inventive, consider a patent. Take our Am I protecting my IP? Quiz to quickly understand your IP rights and how to protect them. Or see our Guide to Intellectual Property in NZ for more information and our blog How to protect your brand.  

You might start as a sole trader (ie, operating the business under your own name) if you're going solo, starting small and want limited admin.

Otherwise, a company might be right if there's more than one of you, you're looking to grow quickly, you're seeking investment, you have staff, or you want to protect your personal assets.

Check out our Guide to Incorporating a Company and Guide to Business Structuring for more information on your options.  

To avoid fines or reputational damage, you'll need to comply with legislation like the Privacy Act 2020 (see above re putting a privacy policy in place), the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. For more detail see our Guide to NZ Consumer Law. Also check any rules specific to your industry.

Talk with an insurance broker to find out what insurance your business should have to stay protected from unexpected events or mistakes (professional liability) or other business loss.

If you're setting up (aka incorporating) a company, register it with the Registrar of Companies – our Guide to Incorporating a Company talks you through this easy process. Save money and do it online yourself. 

An NZBN is a unique identifier for your business. If you’re a sole trader you can apply for an NZBN for free at www.nzbn.govt.nz. Companies are automatically allocated an NZBN when registered with the Companies Office.

You can use your personal IRD number if you're a sole trader. When you incorporate a company, you’ll get given an IRD for the company.

If you sell more than $60,000 of products or services per year, you’ll need to register for GST. Your GST number will be the same as your IRD number. You can apply for a GST number at www.ird.govt.nz (it’s free). For further information on your ongoing tax obligations – see our Guide to Business Structuring.

If you hire staff, you’ll also need to register with the IRD as an employer to deduct and pay PAYE on your employee’s behalf.