Arbitrator | Adjudicator | counsel
Contact Me
Arbitrator | Adjudicator | counsel
Contact Me
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.
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.
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.
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.
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.
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.
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.
Building, construction and infrastructure
Real estate
Commercial leases
Business sales and purchases
Contractual disputes
Franchises
Professional negligence
Relationship property
Trusts and estates
Wine industry
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)
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.