The growing accessibility of generative artificial intelligence (GenAI) tools is influencing many aspects of daily life – including how people prepare for and participate in legal proceedings.
While GenAI is undoubtably helpful, and can save time and cost, uncritical use of these tools is becoming more apparent.
A recent decision of the Employment Court in LMN v STC (No 2) [2025] NZEmpC 46 serves as a timely reminder of the importance of relying on verified legal information and seeking professional legal advice.
LMN v STC (No 2)
In this case, the plaintiff – who was representing herself – relied on a legal citation to Fowlie v Stonex (No 2) [2015] NZEmpC 94, arguing that it supported her position on procedural fairness. The Court highlighted that no such case exists. In paragraph [8] of its judgment, the Court noted that the reference likely originated from a GenAI tool and reminded the plaintiff that information obtained from such sources must be independently checked before being relied upon in court documents.
The case underscores a risk associated with GenAI tools: while they can produce text that sounds plausible, they sometimes fabricate case law or statutory references – a phenomenon known as “hallucination.”
Guidance from the Judiciary
In recognition of the increasing use of GenAI in court contexts, the Courts of New Zealand released guidelines in December 2023 to help both lawyers and non-lawyers understand how to use these tools appropriately.
The guidelines highlight that:
- All practicing lawyers have primary obligations under the Lawyers and Conveyancers Act 2006, and Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules) to uphold the rule of law, to facilitate the administration of justice and the overriding duty of a lawyer as an officer of the court. Given these obligations, lawyers must ensure the accuracy of information provided to the Court (including legal citations).
- If self-represented parties choose to use GenAI to assist with a dispute, or case before a Court of Tribunal, GenAI should not be relied upon as the sole, or main source of information.
- GenAI is not a substitute for a qualified lawyer and cannot give tailored legal advice.
This case highlights an important point: professional and timely legal advice remains vital. While
GenAI can assist with written material and research to an extent, our Employment Law Team at Lane Neave have a deep knowledge of how to prevent, and resolve, employment disputes.
We know what makes people tick, are experienced negotiators and advocates, and understand the right avenues for resolution.
For assistance with all employment law matters, contact our experienced team.
