Mark Colthart


Barrister & Arbitrator

Contact Me

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Mark Colthart


Barrister & Arbitrator

Contact Me

 

Mark is a Barrister and Arbitrator specialising in commercial litigation and arbitration, property disputes, and construction law.

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.

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Expertise


 

 

 

 

 

Expertise


 

 

 

 

 

 

Mark acts as Arbitrator and Adjudicator in a wide range of commercial and construction disputes. As counsel, Mark represents clients in all of the major Courts and Tribunals in Aotearoa New Zealand, including as lead counsel in trials in the District and High Courts, and in appeals to the High Court, Court of Appeal and the Supreme Court.

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.

 

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-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

 

Contact


 

 

 

 

 

Contact


 

 

 

 

 

 

Contact

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.