Arbitrator & Adjudicator
Arbitrator & Adjudicator
With over 30 years of legal experience, Mark is a trusted authority in commercial arbitration, construction law, and complex property disputes.
Consistently recognised as a leading authority in New Zealand construction and property law, Mark has been ranked in the Doyle's Guide as a leading construction and infrastructure dispute resolver for ten consecutive years (2017–2026).
Mark graduated BA/LLB from the University of Canterbury in 1993, and LLM (Hons) from the University of Auckland in 2001. He was admitted to the New Zealand Bar in 1994.
Mark commenced practice as a barrister at the independent bar in 2006. Prior to that, he was a litigation partner in a prominent national law firm.
Mark 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). Fellowship reflects his recognised expertise in both domestic and international arbitration.
Mark sits on leading arbitration and adjudication 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.
Mark is a current member of the Executive of the Property Law Section of the New Zealand Law Society and has previously held other 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 highly regarded in the New Zealand profession for his expertise as arbitrator in complex commercial, property and construction disputes.
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 the New Zealand International Arbitration Centre, 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 $50,000 to over $10 million.
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.
Alongside his practice as a commercial arbitrator and adjudicator, Mark has maintained an interest in wine industry law for more than two decades. He has advised some of New Zealand’s most well known wine producers on contractual, regulatory, and intellectual property matters. Mark is a member of the International Association of Wine Lawyers (AIDV).
Mark is a current member of the Executive of the Property Law Section of the New Zealand Law Society. He has previously held governance roles with AMINZ and The Law Association of New Zealand, and is a regular speaker and author on arbitration, construction, and property law. Mark has served as a member of the faculty of the NZLS Litigation Skills course since 2013.
APPOINTMENT
APPOINTMENT
Commercial and residential construction;
Major projects and infrastructure, including subdivision, roading, railways, bridges, underground services and civil engineering;
Real estate, including agreements for sale and purchase, cross-leases, easements, covenants and unit titles;
Compensation claims under the REINZ/TLANZ agreement for sale and purchase of real estate;
Commercial leases and rent reviews;
Business sales and purchases;
Shareholder, management and joint venture agreements;
Franchises;
Professional negligence;
Relationship property; and
Trusts and estates.
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
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 Law Association of New Zealand 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 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.