Mark is one of Aotearoa New Zealand’s leading construction and property lawyers. He has been ranked by Doyles Guide as a leading construction and infrastructure barrister in 2017, 2018, 2019, 2020 and 2021.
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 27 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.
Mark is the current convener of the Property Disputes Committee of the Auckland District Law Society, and a member of the Executive Committee of the Property Law Section of the New Zealand Law Society.
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.
Mark has specialist expertise in the areas of civil and commercial litigation and arbitration, property, and construction law.
As an arbitrator, Mark has determined disputes, both as sole arbitrator and as chair of a panel of arbitrators, in a wide range of cases including in the areas of construction, 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 Aotearoa 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 a depth of experience acting for parties, including home owners, developers, builders, architects and designers, and other building professionals in “leaky building” claims.
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 abatement issues arising as a result of COVID-19, applications for possession and relief against forfeiture.
Mark is a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand, the Australian Centre for International Commercial Arbitration based in Sydney, and the Chartered Institute of Arbitrators based in London. He is the current convener of the Auckland District Law Society Property Disputes Committee. He has presented and published widely on arbitration, litigation, property and construction law issues.
Mark also has an interest and client following in the specialised area of wine industry law. He advises some of Aotearoa New Zealand's most well known wine producers on a range of commercial issues, including international distribution contracts, intellectual property, liquor licencing and advertising standards.
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.
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-present
Executive Committee Member of New Zealand Law Society Property Law Section, 2022-present
Education Committee Member of the New Zealand Bar Association, 2021-present
Faculty Member, New Zealand Law Society Litigation Skills Programme, 2013-present
Member of the Auckland District Law Society
Member of the Te Kāhui Ture o Aotearoa The New Zealand Law Society
Member of the New Zealand Society of Construction Law
Telephone: 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.