Mark Colthart


Barrister & Arbitrator

Contact Me

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Mark Colthart


Barrister & Arbitrator

Contact Me

 

Mark | Specialist in Arbitration, Construction and Property Disputes.

With over 30 years’ experience in civil and commercial litigation, Mark is a trusted expert in arbitration, construction law, and complex property disputes.

Mark is one of New Zealand’s leading construction and property lawyers. He has been ranked by Doyles Guide as a leading construction and infrastructure barrister since 2017.

Mark graduated with Bachelor of Law and Bachelor of Arts degrees from the University of Canterbury (Christchurch) in 1993, and with a Masters in Law (honours) from the University of Auckland, in 2001.

He was admitted to the Bar 1994, and has over 30 years’ litigation and arbitration experience.

Mark is a Fellow and former Council Member of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), one of two New Zealand based Fellows of the Australian Centre for International Commercial Arbitration (ACICA), and a Fellow of the Chartered Institute of Arbitrators (CIArb) (London). He is on the panel of arbitrators of AMINZ and ACICA, the New Zealand Dispute Resolution Centre, the New Zealand Law Society, and the Auckland District Law Society.

In 2022, and again in 2025, Mark was elected as a member of the Executive of the Property Law Section of the New Zealand Law Society. He has also served as the Convenor of the Property Disputes Committee of the Law Association of New Zealand and as a Council member of AMINZ.

Mark is one of the founding members of FortyEight Shortland Barristers chambers in the Vero Centre at 48 Shortland Street, in the heart of Auckland’s legal and financial district.

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Expertise


 

 

 

 

 

Expertise


 

 

 

 

 

 

As Arbitrator and Adjudicator, Mark is regularly appointed to determine a wide range of commercial and construction disputes.

As counsel, Mark represents clients in the Senior Courts in New Zealand, including as lead counsel in trials in the High Court, and in appeals to the Court of Appeal and Supreme Court.

Mark has specialist expertise in the areas of civil and commercial arbitration, litigation, property, and construction law.

As an arbitrator, Mark has determined disputes, both as sole arbitrator and as chair of a panel, in a wide range of cases including construction and infrastructure disputes, commercial leases, business sales and purchases, cross-leases, residential and commercial property, shareholder agreements, and contractual disputes.

As a commercial litigator he has represented some of New Zealand's leading companies in a wide range of commercial disputes. He regularly appears in the High Court in significant commercial litigation, including contract and tort claims, Companies Act and Securities Act disputes, Fair Trading Act claims, insolvency and banking litigation, injunction and search order proceedings, specific performance proceedings, applications for possession and relief against forfeiture, and other high dollar value disputes.

In the area of construction law Mark regularly advises and represents principals, head contractors, subcontractors, and other professionals in the building and construction industry. He has extensive experience as counsel in arbitration and adjudication, and advises parties on construction law and contractual issues. His arbitration practice also includes appointment as Arbitrator in commercial disputes, and as Adjudicator in adjudications under Construction Contracts Act.

Also within the field of construction law, Mark has in-depth experience acting for owners, developers, builders, subcontractors, project managers, engineers, architects, designers, and other professionals in defective building cases.

In the field of property disputes, Mark is regularly appointed as counsel or expert to determine disputes under the ADLS/REINZ Agreement for Sale and Purchase, and as counsel or arbitrator in commercial lease disputes, including in relation to rent reviews, allegations of breach of lease, reinstatement, and termination.

Mark is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), the Australian Centre for International Commercial Arbitration (ACICA) based in Sydney, and the Chartered Institute of Arbitrators (CIArb) based in London. He is a current member of the Executive Committee of the Property Law Section of the New Zealand Law Society, and a former Convener of the Law Association of New Zealand Property Disputes Committee and member of the Council of AMINZ. He has presented and published widely on arbitration, litigation, property and construction law issues.

Mark also has a deep interest and client following in the specialised area of wine industry law. He has advised some of New Zealand's leading wine producers on a range of commercial issues, including international distribution contracts, intellectual property, liquor licencing and advertising standards. He has been a member of AIDV (the International Association of Wine) since the mid-2000’s.

 

Services


 

 

 

 

Services


 

 

 

 

Mark is available to accept instructions as arbitrator or counsel in the following areas:

  • Civil and Commercial Litigation

  • Commercial Arbitration and Mediation

  • Construction Law and Construction Adjudication

  • Land and Property Law Disputes

  • Commercial Lease Disputes

  • Fair Trading and Competition Law

  • Contract Disputes, including Franchise Disputes

  • Professional Negligence Claims

  • Relationship Property

  • Trust and Estate Disputes

  • Wine Industry Law

For work involving court proceedings an instructing solicitor is required.

For other work Mark is authorised by Te Kāhui Ture o Aotearoa - the New Zealand Law Society - to accept instructions directly from clients.

 
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Credentials


 

 

 

 

 

Credentials


 

 

 

 

 

 

Qualifications & Memberships

  • BA (Psychology), 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.