Independent Contractor Agreement
Prepare for the 2026 Gateway Test changes. We draft clear, compliant Independent Contractor Agreements that define the scope of work, protect your intellectual property and minimise legal risk.
Independent Contractor Agreement, Made Simple
An Independent Contractor Agreement sets out the terms under which a contractor provides services to your business. It clearly defines the working relationship, including expectations, payment arrangements and responsibilities.
Having a well structured agreement helps protect your business by clarifying ownership of intellectual property, managing confidentiality and reducing the risk of disputes or misclassification.
With contractor rules evolving, a clear and compliant agreement gives you confidence to engage external expertise while staying aligned with current and upcoming legal requirements.
What's included in our service
One-off cost:
$495 + GST
No hourly rates. No hidden fees.
- You'll get:
- Custom Independent Contractor Agreement
- Aligned with 2026 Gateway Test criteria
- Clear IP & Confidentiality clauses
- Dispute resolution frameworks
- Scope of work & payment structure
Payment Available
Payment Available
How It Works
How It Works
Our streamlined process to draft a compliant agreement that gets your team working fast.
Free Consultation
We review your business needs and the specific role of the contractor to determine the correct engagement model.
Purchase of Service
Once you are ready to proceed, you simply purchase the fixed-fee service online. Immediately, this allows us to start the drafting process.
Drafting & Gateway Compliance
We draft your custom agreement with robust IP clauses. We ensure strict alignment with the 2026 Gateway Test to prevent misclassification.
Final Review & Handover
You receive a polished document ready for signing. This gives you the confidence to engage external talent without the legal headaches.
What You Can Expect
Protect your IP and minimise risk with a robust Independent Contractor Agreement that meets 2026 compliance standards.
Define Clear Boundaries
We draft Independent Contractor Agreements that clearly outline the scope of work, specific deliverables and deadlines. As a result, both you and the contractor know exactly what is expected.
Protect Intellectual Property
Contractors often retain IP rights by default. We include robust clauses to ensure any work, code or designs they create belong 100% to your business.
2026 Gateway Compliance
We ensure your documentation meets the new 5-point Gateway Test criteria. Consequently, this helps you distinguish contractors from employees and avoid 'sham contracting' risks.
The Margate Group Standard
Custom Independent Contractor Agreements tailored to your specific industry risks.
Aligned with the 2026 Gateway Test for clear contractor distinction.
Minimise liability and protect IP with clear dispute resolution terms.
Professional legal drafting for a fixed $495 + GST. No hourly billing.
Are Your Independent Contractor Agreements Ready for 2026?
New legislation is introducing a 5-point “Gateway Test” to provide clarity on contractor status. Your agreement must reflect these realities:
The Foundation
A written contract explicitly stating they are an independent contractor rather than an employee.
Freedom to Work
The contractor must have the freedom to work for other clients and manage their own business.
No Fixed Hours
No requirement for specific hours or days and the ability to sub-contract the work if needed.
Trusted by Businesses Across NZ
Trusted by
Businesses Across NZ
From small businesses to established organisations, we’re trusted across New Zealand for clear, practical Trust and business support.
Frequently Asked Questions
Why do I need a written Independent Contractor Agreement?
Verbal agreements are risky. A written contract protects your IP, defines payment terms and is the first requirement of the new 2026 Gateway Test.
What is the 2026 Gateway Test?
It is a new 5-point legal test in New Zealand designed to distinguish between employees and contractors. Meeting these criteria minimises the risk of the ERRA ruling your contractor is actually an employee.
Can I just use a free template?
Generic templates often miss New Zealand-specific clauses like the Health and Safety at Work Act obligations or the specific requirements of the new Gateway Test.
Does this agreement protect my Intellectual Property?
Yes. Unlike employment where you automatically own the work, contractors often retain IP rights unless a written agreement specifically assigns them to you. Our Independent Contractor Agreements cover this.
What is the difference between an employee and a contractor?
Employees work set hours for wages and have PAYE deducted. Contractors run their own business, invoice for their time and pay their own tax. A clear Independent Contractor Agreement is the best way to document this relationship and avoid legal confusion.
What are the penalties for sham contracting in New Zealand?
If the Employment Relations Authority (ERA) rules that your contractor is actually an employee, you may be liable for unpaid PAYE, holiday pay, KiwiSaver and significant penalties. Our agreements are designed to align with the 2026 Gateway Test to minimise this risk.
How do I terminate an Independent Contractor Agreement?
Unlike employment which requires a complex disciplinary process, a contractor agreement can usually be ended with notice as defined in the contract. We draft specific termination clauses that allow you to end the engagement if the work standard is not met or the project ends.
Who is responsible for liability and insurance?
Generally, independent contractors are liable for their own work and should carry their own professional indemnity or public liability insurance. Our Independent Contractor Agreement includes indemnity clauses to ensure your business is not held responsible for their errors or negligence.
Can a contractor hire their own subcontractors?
Yes, and this is actually a positive sign of independence under the Gateway Test. Our agreements explicitly define the “Right of Substitution,” allowing the contractor to hire their own staff or subcontractors to complete the work provided they meet your quality standards.