AIA-2026-0004Courts and legalVerified

Court of Appeal found submissions relying on non-existent case law

In Wikeley v Kea Investments Ltd, the Court of Appeal noted that parts of the appellant’s original memorandum referred to authorities that do not exist, evidently produced by generative AI. The Court reminded parties of the judiciary’s guidance on AI use in the courts.

Severity 1 of 5: Minor. Rated "Nuisance" on the AI Safety Aotearoa tracker. How we rate severity
Date it happened
7 November 2024
Added to the register
7 November 2024
Type of AI involved
Generative AI (legal research)
Kind of harm
Misleading information
Last updated
29 October 2026

What happened

In Wikeley v Kea Investments Ltd, the Court of Appeal noted that parts of the appellant's original memorandum referred to authorities that do not exist, evidently produced by generative AI. The Court reminded parties of the judiciary's guidance on AI use in the courts.

Sources

  1. When AI makes up the law
    The Lawyers
  2. Wikeley v Kea Investments Ltd [2024] NZCA 609
    Court of Appeal, 2024

Change history

  • 29 Oct 2026 Moved from the AI Safety Aotearoa incident tracker.

Cite this entry

AI Incidents Aotearoa. (2024). Court of Appeal found submissions relying on non-existent case law (AIA-2026-0004). AI Safety Aotearoa. Retrieved 29 October 2026, from https://aiincidents.nz/register/court-of-appeal-found-submissions-relying-on-non-existent-case-law/

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