Catering Agreement (New Zealand)

A Catering Agreement in New Zealand records the catering to be provided, the fees, the service standards, and each party's obligations between the provider and the client under the Companies Act 1993.

New Zealand catering businesses operate within a thorough food safety regulatory framework established by the Food Act 2014, which came into force progressively from 2014 to 2016. The Food Act 2014 replaced the Health Act 1956 provisions and the Food Hygiene Regulations 1974, introducing a risk-based approach to food safety regulation. Under the Food Act 2014, food businesses — including caterers — must operate under an appropriate food safety tool: a Food Control Plan (FCP) for high-risk food operations (such as caterers who prepare, handle, and transport food for consumption at events), or a National Programme (NP) for lower-risk food activities. All food businesses must register their food control plan or national programme with an appropriate verification agency (such as a local council or a Ministry for Primary Industries (MPI)-recognised verifier), and must be verified at regular intervals.

The Contract and Commercial Law Act 2017 (CCLA) governs the contractual obligations of the parties under a catering agreement. The CCLA establishes the rules for contractual formation, performance, misrepresentation, and remedies. A caterer who fails to perform the agreed services — whether through non-attendance, failure to deliver the agreed menu, or serving food that causes illness — may be liable to the client for damages under the CCLA.

Where the client is a consumer (an individual commissioning catering for personal purposes), the Consumer Guarantees Act 1993 (CGA) applies and implies mandatory guarantees that catering services will be performed with reasonable care and skill, within a reasonable time, and fit for the stated purpose. These guarantees cannot be excluded by contract.

The Fair Trading Act 1986 (FTA) prohibits misleading and deceptive conduct in trade, including misrepresentations about the caterer's qualifications, food safety certifications, or the quality and composition of the food to be served.

GST at 15% applies to catering fees under the Goods and Services Tax Act 1985. The catering agreement must address whether quoted prices are inclusive or exclusive of GST and must confirm the caterer's GST registration status and obligation to issue valid GST tax invoices.

A Catering Agreement is needed before engaging any professional catering service to protect both the client and the caterer. Whether the event is a small corporate lunch or a large wedding reception, a written catering agreement confirms clarity about what will be delivered, what it will cost, and what happens if things do not go as planned.

For event planners and corporate clients, a catering agreement is a standard part of the event contracting process. Corporate clients commissioning catering for conferences, product launches, board dinners, or staff functions need a written agreement that specifies the menu, dietary accommodations, staffing levels, delivery and setup requirements, and the per-person price. The agreement should also confirm the caterer's Food Act 2014 compliance and food safety certifications, which may be required by the venue or the client's own organisational risk management policies.

For private clients commissioning catering for weddings or milestone celebrations, the catering agreement is particularly important because these events are one-off occasions that cannot be replicated if the catering fails. A well-drafted agreement should specify the menu in detail — including entrée, main, and dessert options, canapes, dietary alternatives, and beverage service — as well as the number of catering staff to be present, the setup and service schedule, and the Client's obligations regarding venue access and facilities.

The minimum guest guarantee is one of the most commercially significant provisions in a catering agreement. Caterers must commit significant resources to an event well in advance — purchasing food, engaging staff, and arranging transport — based on an expected headcount. If actual attendance falls well below expectations, the caterer's costs are not proportionately reduced. A minimum guarantee protects the caterer's investment while giving the client certainty about the maximum amount payable if guest numbers disappoint.

Food allergen management is another area where a written agreement is essential. The obligation to notify the caterer of dietary restrictions and allergen requirements must be clearly documented, along with the deadline for providing that information and the caterer's obligations in response. Clear documentation of allergen management protects both parties — the caterer from liability for reactions to undisclosed allergens, and the client's guests from preventable adverse reactions.

For ongoing catering arrangements — such as regular corporate catering or a long-term arrangement with a workplace cafe — the catering agreement should address variations in volume, menu changes, pricing review mechanisms, and termination provisions.

A thorough New Zealand Catering Agreement should include the following key provisions.

The event details clause identifies the specific event to be catered — including the type of event, date, venue, and estimated or confirmed guest count. The clause should specify the deadline by which the client must confirm the final guest count, which is critical for food ordering and staffing purposes.

The services and menu clause describes precisely what food and beverages will be provided, including menu courses, dietary alternatives, beverage inclusions, and any additional services such as setup, service, and pack-down. The level of detail in this clause is important — vague descriptions of 'catered food' lead to disputes about what was agreed. The clause should also address staffing levels and the scope of the catering team's responsibilities at the venue.

The dietary requirements and allergen clause requires the client to provide all dietary restrictions and allergen requirements by a specified deadline, and describes how the caterer will accommodate those requirements. Under the Food Act 2014 and the Australia New Zealand Food Standards Code, caterers have food safety obligations regarding allergen management. The clause should specify what happens if the client fails to notify allergen requirements by the deadline.

The Food Act 2014 compliance clause warrants that the caterer holds all required food safety registrations (Food Control Plan or National Programme) and operates in compliance with the Food Act 2014. This is important for clients who need to demonstrate supply chain food safety compliance for their own regulatory or insurance purposes.

The fees and payment clause sets out the per-person price, the minimum guest guarantee, the deposit payable on booking, the payment schedule for the balance, and the method of payment. Under the Goods and Services Tax Act 1985, GST at 15% is payable on all catering fees — the clause must specify whether prices are inclusive or exclusive of GST.

The cancellation policy should specify graduated cancellation fees reflecting the caterer's sunk costs and non-recoverable commitments at different stages before the event. Under the Contract and Commercial Law Act 2017 (CCLA), cancellation fees must be a genuine pre-estimate of the caterer's loss — not a penalty — to be enforceable.

The liability clause limits the caterer's liability to the fees paid (for contractual breaches) and requires appropriate public liability insurance for food-related illness or property damage. Where the Consumer Guarantees Act 1993 (CGA) applies (consumer contracts), this clause must be consistent with the CGA's mandatory consumer guarantee provisions.

The governing law clause confirms that the agreement is governed by New Zealand law, including the Contract and Commercial Law Act 2017, the Food Act 2014, the Consumer Guarantees Act 1993, and the Goods and Services Tax Act 1985. The forms-legal.com Catering Agreement (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.