Mark Colthart


Arbitrator | Adjudicator | counsel

Contact Me

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Mark Colthart


Arbitrator | Adjudicator | counsel

Contact Me

 

Arbitrator | Adjudicator | Counsel

Specialist in Arbitration, Construction & Property Disputes

With over 30 years of legal experience, Mark is a trusted authority in commercial arbitration, construction law, and complex property disputes.

Consistently recognised as one of New Zealand’s leading construction lawyers, Mark has been ranked in the Doyles Guide as a leading construction and infrastructure barrister for nine consecutive years (2017–2025). He is equally well regarded for his expertise in commercial and residential property law.

Mark holds a BA/LLB from the University of Canterbury (1993) and an LLM (Hons) from the University of Auckland (2001). He was admitted to the New Zealand Bar in 1994.

He is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), the Chartered Institute of Arbitrators (CIArb) in London, and the Australian Centre for International Commercial Arbitration (ACICA), reflecting his recognised expertise in both domestic and international arbitration.

Mark sits on leading arbitration panels in New Zealand and internationally. He acts as arbitrator in a wide range of commercial matters—spanning construction and infrastructure disputes, commercial lease issues (including rent reviews), business sale and purchase disputes, and complex property matters.

He serves on the Executive Committee of the Property Law Section of the New Zealand Law Society and has held key governance roles, including Convenor of the Property Disputes Committee of the Law Association of New Zealand and Council Member of AMINZ.

Mark is a founding member of FortyEight Shortland Barristers in the Vero Centre, located in the heart of Auckland’s legal and financial district.

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Expertise


 

 

 

 

 

Expertise


 

 

 

 

 

 

Arbitration

Mark is regularly appointed as arbitrator in a wide range of commercial and construction disputes—acting both as sole decision-maker and as chair of arbitral panels.

His experience spans infrastructure projects, commercial leases (including rent reviews), business sales, shareholder disputes, cross-leases, and complex property and contract claims.

A Fellow of AMINZ, CIArb (London), and ACICA (Sydney), Mark is trusted for his sound judgment, commercial understanding, and procedural rigour.

Mark is an Arbitration Panel member of AMINZ, the New Zealand Dispute Resolution Centre, and the Building Disputes Tribunal in New Zealand. He is also regularly appointed as arbitrator by the New Zealand Law Society and The Law Association of New Zealand.

Internationally, Mark is an arbitration panel member of ACICA and the ICC.

Adjudication

Mark regularly accepts appointment as Adjudicator in adjudication proceedings under the Construction Contracts Act 2002 (NZ). He is on the Adjudication Panel of the Building Disputes Tribunal and AMINZ.

Over the last decade, he has determined over 40 adjudication proceedings, ranging in value from $20,000 to $10 million.

Construction advisory

Mark has extensive experience advising and representing principals, head contractors, subcontractors, designers, engineers, project managers and other professionals in the building and construction industry.

Also within the field of construction law, Mark has in-depth experience in defective building litigation.

Property disputes

Mark is widely recognised for his work in commercial and residential property disputes. He is often appointed as arbitrator or expert to resolve issues under the ADLS/REINZ Agreement, and regularly advises on lease disputes—rent reviews, breaches, termination, reinstatement, and relief against forfeiture.

Wine law

Mark also maintains a niche practice advising wine producers on commercial, regulatory, and intellectual property matters. His clients include some of New Zealand’s leading wineries, and he has been a member of the International Association of Wine Lawyers (AIDV) for over 20 years.

Leadership and education

Mark is a current member of the Executive Committee of the Property Law Section of the New Zealand Law Society. He has held governance roles with AMINZ and the Law Association of New Zealand, and is a regular speaker and author on arbitration, litigation, construction, and property law.

 

Services


 

 

 

 

Services


 

 

 

 

Mark is available to accept instructions as arbitrator, adjudicator, or expert determiner of disputes in any of the following areas:

  • Building, construction and infrastructure

  • Real estate

  • Commercial leases

  • Business sales and purchases

  • Contractual disputes

  • Franchises

  • Professional negligence

  • Relationship property

  • Trusts and estates

  • Wine industry

 
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Credentials


 

 

 

 

 

Credentials


 

 

 

 

 

 

Qualifications & Memberships

  • BA/LLB (University of Canterbury), 1993

  • Admitted as a Barrister & Solicitor of the High Court of New Zealand, 1994

  • LLM (Hons) (University of Auckland), 2001

  • Fellow (Arbitration) of the Arbitrators’ & Mediators’ Institute of New Zealand (FAMINZ Arb), Wellington, 2012

  • Fellow of the Chartered Institute of Arbitrators (FCIArb), London, 2012

  • Fellow of the Australian Centre for International Commercial Arbitration (ACICA), Sydney, 2021

  • Te Wānanga O Raukawa Certificate in Māori Protocol and Language (Level 4), 2022

  • Council Member of the Arbitrators’ & Mediators’ Institute of New Zealand (AMINZ), 2014-2018

  • Convener of the Auckland District Law Society Property Disputes Committee 2016-2025

  • Executive Committee Member of New Zealand Law Society Property Law Section, 2022-present

  • Education Committee Member of the New Zealand Bar Association, 2021-2023

  • Faculty Member, New Zealand Law Society Litigation Skills Programme, 2013-present

  • Member of The Law Association of New Zealand

  • Member of the The New Zealand Law Society

  • Member of the New Zealand Society of Construction Law

  • Member of the International Wine Law Association (AIDV)

 

Contact


 

 

 

 

 

Contact


 

 

 

 

 

 

Contact

Telephone: 09 972 2057 or 021 707 607

Email: markcolthart@fortyeightshortland.co.nz

Chambers
FortyEight Shortland Barristers, Level 34, Vero Centre, 48 Shortland Street, Auckland 1010.

https://www.fortyeightshortland.co.nz/barristers/mark-colthart

Post
PO Box 535 Shortland Street, Auckland 1140.