Add a bookmark to get started

Iain Thain

He/himPartner
Iain is highly valued. He's one of best litigators in New Zealand, easy to deal with and highly intelligent.
Chambers & Partners Asia-Pacific Guide 2024
About

Iain Thain is widely recognised as one of New Zealand’s premier litigators, with a formidable track record in high-stakes commercial advocacy across all levels of the New Zealand courts, specialist tribunals, and international arbitration. With over three decades of experience, Iain is the trusted advisor to leading corporates, financial institutions, and public sector entities navigating complex disputes and regulatory challenges.

He has been involved in numerous landmark cases, including a precedent-setting Supreme Court decision on local alcohol policies that prompted legislative reform, as well as the leading case on credit fees in banking and second-tier lending.

Clients credit Iain's ability to explain incredibly complex issues in a way that is clear and easy to digest as a key reason why he is a trusted advisor to their businesses. He is highly valued as not only one of the best litigators in New Zealand, but as someone who is easy to deal with and highly intelligent. 

Iain’s litigation practice spans the full spectrum of commercial law, including competition and regulatory enforcement, securities law, consumer protection, construction, and cross-border disputes. He is known for his strategic clarity, courtroom presence, and ability to resolve disputes efficiently — whether through litigation, arbitration, or alternative dispute resolution.

Iain routinely collaborates with the firm's transactional teams to structure deals that are litigation-resilient from the outset. He is trusted by regulators and corporates alike for his insight into compliance, risk mitigation and dispute resolution. 

Iain also plays a key role in DLA Piper’s pro bono leadership.

Professional QualificationsBarrister and Solicitor of the High Court of New Zealand, 1990Solicitor of the Senior Courts of England and Wales, 1997

EXPERIENCE

  • Acting on the appeal against the New Zealand Commerce Commission's declinature of an application for competition clearance of what would be New Zealand's largest merger under Part 15 of New Zealand's Companies Act 1993 – between the Foodstuffs North Island and Foodstuffs South Island co-operatives. 
  • Acting for global engineering and development consultancy Mott McDonald Group on a complex, large-scale, multi-party High Court construction matter involving multiple cross-claims and third-party claims. 
  • Acted for all 39 New World supermarkets in the South Island, after Police filed applications in the Alcohol Regulatory and Licensing Authority seeking the suspension of their off-licences for advertising discounts on alcohol. 
  • Successfully acted for Eke Panuku Development Auckland in proceedings obtaining restrictive covenants over several large blocks of prime commercial land in a major Auckland retail and business centre and for the removal of several commercial property owners' caveats.
  • Acting for Apple Inc in relation to High Court proceedings brought against Travelxplorer.tv Limited for revocation of a patent held by Travelxplorer relating to electronic payment systems.
  • Representing Boss Fire in in Trans-Tasman proceedings to enforce its trade mark 'Fyrebox'.
  • Successfully resolved proceeding between Yashili New Zealand Dairy Co and Zurru in relation to a breach of contract claim arising from a dispute about minimum purchase obligations for baby formula products. 
  • Acted for NZ Merchants in relation to a dispute with the Briscoe Group in proceedings alleging misleading and deceptive conduct and breach of implied terms in a distribution contract. 
  • Acting for multiple insurers in relation to  remediation programmes arising from regulatory interventions. 
  • Routinely acts for insurers on a range of high value and complex claims including subrogated recoveries. 
  • Represented the Seattle-based America's Cup challenger, OneWorld Challenge, in actions based on alleged rules and confidentiality breaches. Appeared before the International Yacht Racing Jury, the America's Cup Arbitration Panel, the New Zealand High Court and the New Zealand Court of Appeal.
 
Languages
  • English
Education
  • University of Auckland, BCom, 1989
  • University of Auckland, LLB (Hons), 1989

Awards

  • Ranked as a Recognised Practitioner, Chambers & Partners Asia-Pacific Guide 2019-2025
  • Ranked as a Leading Partner, Legal 500 Asia-Pacific Guide 2019-2025

Memberships And Affiliations

  • New Zealand Law Society
  • Law Society of England and Wales
  • Competition Law & Policy Institute of New Zealand Inc
  • Society of Construction Law NZ Inc

Connect