AI and copyright in New Zealand: What businesses need to know
Artificial intelligence makes it incredibly easy to create something.
Write a blog. Generate an image. Rewrite a document. Develop a logo concept. Create some code.
But being able to generate something doesn’t automatically mean you should use it.
For New Zealand businesses, the rapid growth of generative AI raises important questions around copyright, ownership, privacy and accuracy.
And many of those questions don’t yet have simple answers.
What are the AI copyright rules in New Zealand?
As at 31 August 2026, New Zealand does not have a separate copyright regime specifically designed around modern generative AI.
New Zealand’s Copyright Act does recognise “computer-generated” works and contains provisions dealing with their authorship and copyright duration. However, applying existing copyright law to modern generative AI can raise more complex questions.
The Government is actively considering the issue. MBIE states that GenAI raises complex copyright questions and that the Minister of Commerce and Consumer Affairs has been invited to report back by 31 March 2027 on a possible copyright framework for GenAI in New Zealand.
So this is an area businesses should expect to continue changing.
Does copyright still apply when using AI?
Absolutely.
The fact that you’re using an AI tool doesn’t mean existing copyright disappears.
Copyright in New Zealand automatically protects qualifying original works. That can include writing, photography, artwork, films, music, computer programs and other creative material.
If you’re using somebody else’s copyright work, simply acknowledging where it came from isn’t necessarily enough. Depending on what you’re doing with it, permission may be required.
AI adds another layer to that conversation.
Can I use something generated by AI commercially?
This is where businesses need to be cautious about simple yes or no answers.
Different AI platforms have different terms covering generated outputs. There can also be questions about originality, human involvement and whether an output is substantially similar to an existing copyright work.
MBIE’s responsible AI guidance specifically warns that generative AI outputs may raise questions around commercial protection and ownership and could potentially be similar to existing copyright works.
Our practical advice?
Don’t assume “AI made it” means “there are no copyright issues”.
Check the terms of the AI platform you’re using and consider professional advice where the material has significant commercial value or risk.
Be careful what you put into AI too
Copyright isn’t only about what comes out.
Think about what you’re putting in.
Uploading someone else’s photography, writing, designs or intellectual property into an AI platform can raise its own questions.
The same applies to confidential information.
Before uploading information, ask:
- Do we own this?
- Do we have permission to use it this way?
- Does it contain client information?
- Is it confidential?
- Does it contain personal information?
- Do we understand how this AI provider handles our data?
For businesses, having some basic internal rules around approved AI platforms and what staff can and can’t upload is becoming increasingly important.
AI can be confidently wrong
Copyright isn’t the only risk.
AI models can produce convincing information that is incorrect.
That means businesses should be particularly careful with facts, statistics, technical information, pricing, legal statements, medical information or anything else where an incorrect answer could cause harm.
AI output should be reviewed before it’s published under your business’s name.
Is AI-generated copy the same as professional copywriting?
No, and we think businesses should understand the difference.
At MoMac, we offer both professional copywriting and AI-assisted content options depending on what the client needs.
We have an experienced, journalist-trained professional copywriter within our team. There are projects where the interviewing, research, writing ability and human judgement of an experienced writer are exactly what the job requires.
There are other situations where AI-assisted copy provides a more cost-effective option.
In those cases, AI can help our wider team draft and develop content efficiently. Where we’re providing AI-generated copy to a client, we’re transparent about that.
The important point is that the two services aren’t pretending to be the same thing.
AI output is only as good as the thinking around it
Giving the same AI tool to two people doesn’t mean they’ll produce the same quality of work.
Someone who understands marketing can give an AI better marketing direction.
Someone who understands code is better equipped to review AI-generated code.
Someone who understands a client’s business can identify when an AI-generated statement simply doesn’t make sense.
AI can assist professional judgement. It shouldn’t automatically replace it.
How does MoMac use AI?
We use AI within our everyday workflow.
It can help us brainstorm, proofread, develop initial concepts, explore ideas, check work and improve efficiency.
We might use AI to help develop a storyboard before filming, for example, without pretending the generated image is the finished creative work.
Likewise, we may use AI to help draft copy where a client has selected that approach.
Our philosophy is fairly simple:
Use AI where it makes sense. Be transparent. Apply human judgement. And don’t assume the computer is always right.
A sensible approach to AI for NZ businesses
AI isn’t something businesses necessarily need to be afraid of.
But nor should it be used without thought.
Understand the tools you’re using. Protect confidential information. Respect other people’s intellectual property. Check important outputs. Have humans involved in important decisions.
And expect the rules and technology to continue changing.
This article provides general information only and is not legal advice. AI technology and the legal environment surrounding it are developing rapidly. Information is current as at 31 August 2026. For advice about your specific copyright, privacy or legal obligations, speak with an appropriately qualified professional.
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