Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Applying For And Managing Government Grants: Practical Legal And Compliance Tips
- 1. Treat The Grant Terms Like Any Other Contract
- 2. Check Governance And Decision-Making Early
- 3. Protect Confidential Information And IP Before You Share Details
- 4. Lock In Supplier And Contractor Arrangements
- 5. Plan For “Change” (Because It Will Happen)
- 6. Build Compliance Into Your Day-To-Day Processes
- 7. Do Your Due Diligence Before You Commit
- Key Takeaways
Government funding can feel like the holy grail when you’re building a business - cash support, credibility, and sometimes access to networks you couldn’t easily reach on your own.
But government grants aren’t “free money” in the way people sometimes think. They can come with strict eligibility criteria, reporting obligations, restrictions on how you spend funds, and consequences if you don’t follow the rules.
If you’re considering government grants for your New Zealand business, it’s worth taking a step back and weighing up the advantages and the disadvantages before you invest time into an application (or build your growth plan around it).
Below, we’ll walk you through how government grants typically work, what the upsides and downsides can look like in practice, and what you can do to protect your business while you apply for and manage grant funding.
Note: This article is general information only and doesn’t constitute legal advice. Grant programmes (and their terms) vary widely, so you should check the specific rules for the funding you’re applying for.
What Are Government Grants (And How Do They Work In NZ)?
In simple terms, government grants are funds provided by a government body to support certain activities that align with public goals - for example, innovation, sustainability, exporting, regional development, training, or community outcomes.
In New Zealand, government grants can be offered by different agencies, councils, and public bodies. The details vary a lot, but most grants share a few common features.
Government Grants Usually Have A Clear Purpose
Unlike a bank loan (which you can generally use for your business broadly), a grant is usually tied to a specific project or outcome. For example:
- building or improving a product
- research and development (R&D)
- adopting technology or improving productivity
- training staff
- developing export capability
- creating jobs in a particular region
That “purpose” matters because it often controls:
- what costs are eligible
- the timeframe you must work within
- what evidence you must provide
- what happens if you change the project scope
Some Grants Are Competitive, Others Are More Criteria-Based
Some government grants are highly competitive - you’re effectively pitching why your project should be funded over others. Others work more like a checklist: if you meet the criteria and supply the right documentation, you may qualify.
This distinction is important because it affects how much time and cost you should budget for the application process.
Grants Typically Involve A Formal Agreement
Even when the funding is called a “grant”, you’re usually entering into a legally binding arrangement. There will often be:
- milestones and deliverables
- reporting requirements (financial and non-financial)
- rules about publicity and branding
- audit rights
- repayment or clawback provisions if terms are breached
This is one of the biggest areas where business owners get caught out - not because they’ve done anything “wrong”, but because they didn’t realise how contractual and compliance-heavy the process can be.
Advantages Of Government Grants For Small Businesses
When government grants are a good fit, they can genuinely accelerate growth. The key is understanding what advantages you’re actually getting (and what you still need to do yourself).
1. Non-Dilutive Funding (You Don’t Give Away Equity)
For many businesses, the biggest upside of government grants is that they’re usually non-dilutive - meaning you don’t need to sell shares to access funding.
That can be especially valuable if you’re early stage and don’t want to lock in a valuation or bring in investors before you’re ready. If you do have multiple founders or investors already, it’s still worth keeping your ownership structure tidy with a Founders Agreement so everyone’s clear on decision-making while you pursue funding opportunities.
2. Lower Financial Risk Compared To Debt
A grant can reduce the need for debt funding. That means you may avoid (or reduce):
- interest costs
- personal guarantees
- pressure on cash flow from repayments
- security over business assets
For many small businesses, removing (or lowering) the debt load can make the difference between a sustainable growth plan and a constant scramble for working capital.
3. Credibility With Customers, Suppliers, And Investors
Being awarded a grant can act as a “signal” that your project has been assessed and is worth backing. That credibility can help when you’re:
- negotiating with suppliers
- pitching to partners
- hiring talent
- raising capital later
If you’re likely to raise investment down the track, it’s also a good time to ensure your company’s internal rules are set up properly (for example, having a Shareholders Agreement in place can reduce the risk of disputes when money and expectations start to rise).
4. Support Beyond Money
Some government grant programmes offer more than just cash. Depending on the grant, you might also get access to:
- training and capability-building
- mentors or specialist advisors
- networks and introductions
- export or industry support
This can be a quiet advantage that’s easy to overlook - especially if you’re a founder doing a lot of roles at once and you need structured support to scale.
5. Encourages Better Planning And Discipline
It might not sound exciting, but grant requirements can push you to tighten your internal processes - project plans, budgets, record-keeping, and KPIs. Those disciplines often carry over into better management overall.
Think of it like this: if you’re going to grow, you’ll need these systems anyway. A grant can sometimes force you to build them earlier (and more robustly).
Disadvantages Of Government Grants (And The Risks To Watch For)
Government grants can absolutely be worth it - but only if you understand the downsides upfront. In our experience, the “cost” of a grant is often paid in time, admin, and restrictions (not just in dollars).
1. Time-Consuming Applications And Long Lead Times
Applying for government grants can take a lot of time. You may need to produce:
- business plans and forecasts
- project proposals and milestones
- quotes from suppliers
- financial statements
- evidence of capability or track record
And even after you apply, decision-making timeframes can be unpredictable.
This is a real risk for small businesses because time spent applying is time you’re not spending selling, delivering, or improving your product. It’s worth estimating the “true cost” of an application in hours (and opportunity cost), not just application fees (if any).
2. Restrictions On How You Can Spend The Money
Grants usually come with strict rules about what costs are eligible. That can include limitations on:
- wages and contractor costs
- equipment and capital expenditure
- marketing and advertising spend
- overseas spend
- related-party transactions
If your project needs flexibility (for example, pivoting after customer feedback), grant conditions can feel like handcuffs.
3. Reporting, Audits, And Compliance Obligations
Most government grants require ongoing reporting. That might include progress reporting, financial reporting, and evidence that money was spent as approved.
Many agreements also allow audits - sometimes even after the project ends. That means you need good record-keeping, invoices, timesheets, and proof of deliverables.
If your business is handling personal information as part of the funded project (for example, customer data in a pilot programme), it’s also a good time to make sure you have a fit-for-purpose Privacy Policy and internal practices that align with the Privacy Act 2020.
4. Clawbacks And Repayment Risk
This is the big one. A lot of people assume government grants never need to be repaid. In practice, many grant agreements include provisions that require repayment (full or partial) if you:
- don’t meet milestones
- use funds outside approved categories
- provide incorrect information in the application
- stop the project early
- breach publicity, reporting, or governance obligations
It doesn’t always mean you’ll automatically have to repay - and outcomes depend on the specific programme and agreement - but you should treat clawback as a real commercial risk and plan for it.
5. Publicity And Disclosure Expectations
Some grants involve public announcements, press releases, or disclosure obligations. That can be positive for credibility, but it can also create issues if:
- your project is commercially sensitive
- you haven’t protected your IP yet
- you’re not ready for customer scrutiny
Before you publish details about an innovation or product, it’s worth thinking about your wider IP strategy and what information you can safely share publicly.
6. Grants Can Complicate Your Hiring And Contractor Arrangements
Grant-funded projects often rely on specific people doing specific work. That means your employment and contractor arrangements need to be clear, compliant, and well-documented.
If you’re hiring staff to deliver a grant project, a properly drafted Employment Contract is a practical way to clarify role expectations, confidentiality, and ownership of work product from day one.
How Do You Decide If Government Grants Are Right For Your Business?
The “right” approach depends on what stage you’re at, how urgent your funding needs are, and how much admin your business can realistically absorb.
Here are a few practical questions to pressure-test whether government grants are the right fit.
Is Your Project A Match For The Grant’s Purpose?
If you need funds for general working capital, a grant that only covers a narrow project scope may not help (or could even distract you).
On the other hand, if you have a defined project - with clear milestones, deliverables, and a beginning and end - government grants may be a strong match.
Can You Co-Fund The Project If Required?
Many government grants require you to contribute funding too (sometimes called co-funding or matched funding). That can come from:
- cash reserves
- revenue
- investor funds
- sometimes in-kind contributions (depending on the rules)
If you can’t realistically meet co-funding requirements, it may be better to look at other funding options first - or reduce the scope of the project.
Do You Have The Internal Systems To Comply?
Ask yourself honestly: do you have the systems to manage reporting, budgets, invoicing, and record-keeping?
If not, that doesn’t mean you can’t apply - but you should budget time (and potentially professional support) to set those systems up early, so you don’t get stuck later.
What Happens If The Grant Doesn’t Come Through?
This is a common trap: designing your whole business plan around a grant that isn’t guaranteed.
It’s safer to build a growth plan that still works without the grant, and treat the grant as an accelerator (not the foundation).
Applying For And Managing Government Grants: Practical Legal And Compliance Tips
Government grants are often “business growth” decisions, but they can create legal exposure if you don’t treat them carefully. Here are some practical ways to protect your business during the application and delivery process.
1. Treat The Grant Terms Like Any Other Contract
Before you sign anything, read the grant agreement carefully and identify:
- what you must deliver (and by when)
- what evidence you must provide
- what happens if the scope changes
- what triggers repayment
- who owns the project outputs (and whether the funder has any rights)
If the project involves multiple parties (for example, collaborators, suppliers, or joint ventures), it’s worth having the relationships documented properly, so everyone’s responsibilities align with what the grant agreement expects.
2. Check Governance And Decision-Making Early
Grants often require fast decisions: changing suppliers, reallocating budgets, extending timelines, or responding to reporting questions. If your business has more than one owner, you’ll want clear internal decision-making processes so you don’t stall (or fall into conflict) halfway through a funded project.
This is where a clean structure and governance documents matter. For example, a proper Company set up (and the right supporting documents) can make it much easier to show funders you’re credible and organised.
3. Protect Confidential Information And IP Before You Share Details
Grant applications often require you to explain your “secret sauce” - the innovation, method, or strategy that makes your project worthwhile.
Before you share sensitive information with collaborators or contractors as part of a grant project, consider confidentiality and IP ownership upfront. Otherwise, you can end up in a situation where you’ve funded development work but don’t clearly own the outputs.
4. Lock In Supplier And Contractor Arrangements
If you’re using grant money to pay suppliers or contractors, you’ll want written agreements that cover:
- scope of work and deliverables
- payment terms
- timelines and milestones
- ownership of work product (IP)
- confidentiality
- termination rights
This doesn’t just help operationally - it can also support your compliance if you need to demonstrate where funds went and what was delivered.
5. Plan For “Change” (Because It Will Happen)
Most projects evolve. Suppliers change, timelines slip, product direction shifts based on testing, and priorities move.
What matters is how you handle change within the rules of your funding. If your scope changes, don’t assume it’s fine - check the agreement, and communicate with the funding body early to document variations where required.
6. Build Compliance Into Your Day-To-Day Processes
It’s easy to treat reporting as something you’ll “catch up on later”. But grant compliance tends to work best when it’s part of weekly routines, like:
- tracking expenses against grant categories
- keeping a central folder for invoices and supporting documents
- capturing project notes and progress updates as you go
- documenting decisions and approvals
That way, if you’re audited (or you need to justify a claim), you’re not reconstructing months of history under pressure.
7. Do Your Due Diligence Before You Commit
Sometimes the bigger risk isn’t the grant itself - it’s what you do because of the grant (like committing to a major supplier or hiring quickly).
If you’re entering into significant commercial commitments as part of a grant-funded project, it’s worth getting advice on your contractual risks and obligations early, especially if a failure could trigger repayment.
Key Takeaways
- Government grants can be a powerful source of non-dilutive funding, but they’re usually tied to specific project purposes and conditions.
- The main advantages are reduced reliance on debt or investors, improved credibility, and sometimes additional support like networks and capability-building.
- The main disadvantages are time-consuming applications, restricted spending rules, heavy reporting requirements, and potential repayment (clawback) if conditions aren’t met.
- Before applying, check whether the grant truly matches your business plan, whether you can meet co-funding requirements, and whether you can handle compliance and reporting.
- Treat grant agreements like real contracts: understand deliverables, variation processes, audit rights, and repayment triggers before you sign.
- Protect your business from day one with the right governance and documentation, especially if you’re hiring, collaborating, or building valuable IP as part of a funded project.
If you’d like help reviewing a grant agreement, setting up your business structure, or putting the right contracts in place for a grant-funded project, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.








