Keisha Castle-Hughes and her on-off boyfriend have been partying together - in apparent breach of a court order banning contact between them.
Michael Graves, 22, was forbidden from contacting or seeing his former partner as part of bail conditions after being charged with assaulting Castle-Hughes.
But Graves was at the Oscar-nominated actress' 22nd birthday celebrations in Auckland last weekend and was at her side for a birthday dinner at Nishiki Restaurant in Freemans Bay.
Graves' lawyer, Ron Mansfield, said he was in the process of seeking a change to the bail conditions.
"The conditions haven't changed since his last appearance but they are in the process of being changed," Mansfield said. "I have been speaking to the prosecution about his bail conditions but that is between me and the prosecution."
Mansfield said there were "lots of reasons" he couldn't comment further.
Graves was charged with assaulting Castle-Hughes after an Oscars function on February 28. He said Castle-Hughes tried to jump out of a car while he was driving and he ripped her clothes trying to pull her back inside.
Witnesses called police and Graves, a hip-hop MC and part-time student, was arrested and spent the night in police cells.
Castle-Hughes split with her long-term partner, Bradley Hull, in 2010. The pair have a 4-year-old daughter, Felicity-Amore.
Hull said he chose not to get involved in Castle-Hughes' private life and said: "My job is to look after Felicity."
Neither Graves nor Castle-Hughes responded to requests for comment.