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New Zealand Court of Appeal evaluates AI-generated content of submission

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In a recent judgment now available on Westlaw New Zealand, the Court of Appeal has assessed the evidential value of part of a submission that was generated (solely) by artificial intelligence (AI).

In Kipping v Electrical Workers Registration Board [2025] NZCA 416, the applicant (a litigant in person) sought leave to bring a second appeal and to adduce further evidence. Among other things, the Court noted at [14]:

“Furthermore, [K] refers to an answer from [name of AI tool] to the question ‘[d]oes an isolator switch isolate a circuit?’, which he says supports his position. However, that takes [K] no further, as a submission relaying an answer given by artificial intelligence, without more, is not reliable evidence.”

For this and several other reasons, the applications were declined.

This seems to be the fourth time that a court or tribunal has noted the use of AI in New Zealand legal proceedings. For earlier instances (all involving litigants in person), see:

By Kevin Leary

Kevin Leary is a Senior Legal Editor in the New Zealand Analytical Law team. He has more than 20 years' experience as a Thomson Reuters editor.

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