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The Commercial Lease Guaranty is a crucial document in New Zealand's commercial property landscape, designed to provide landlords with additional security in lease arrangements. It is typically used when a landlord requires extra assurance of lease obligation fulfillment, such as when dealing with new businesses, companies with limited trading history, or in high-value lease agreements. The guarantee can be provided by individuals (often company directors) or corporate entities. The document establishes the guarantor's obligations, including payment of rent and other lease obligations if the tenant defaults, and continues until the lease obligations are fully discharged or the guarantee is formally released. This document must comply with New Zealand legislation, particularly the Property Law Act 2007 and Contract and Commercial Law Act 2017, and should clearly define the scope and duration of the guarantee obligations.

1. Parties: Identifies the Guarantor(s), Landlord (beneficiary of the guarantee), and Tenant (primary obligor)

2. Background: Explains the context of the guarantee, references the main lease agreement, and states the purpose of the guarantee

3. Definitions and Interpretation: Defines key terms used in the guarantee agreement and establishes rules of interpretation

4. Guarantee and Indemnity: Core section establishing the guarantee obligations, including both primary guarantee and indemnity provisions

5. Scope of Guarantee: Details what obligations are covered by the guarantee, including rent, outgoings, and other lease obligations

6. Duration of Guarantee: Specifies how long the guarantee remains in effect and any conditions for termination

7. Guarantor's Obligations: Lists specific obligations and responsibilities of the guarantor(s)

8. Landlord's Rights: Outlines the rights of the landlord in enforcing the guarantee

9. Preservation of Rights: Ensures landlord's rights are preserved despite various circumstances like tenant insolvency or lease variations

10. Costs and Expenses: Addresses payment of costs related to the preparation, enforcement, or amendment of the guarantee

11. Notices: Specifies how formal notices under the guarantee must be given and when they are deemed received

12. General Provisions: Contains standard boilerplate clauses including governing law, jurisdiction, and severability