Mark Colthart
Service: Arbitration, Arb-Med, Mediation, Expert Determination, Early Neutral Evaluation, Commercial Lease Arbitration, Commercial Lease Mediation
Area of Expertise: Bankruptcy and Liquidation, Building and Construction, Commercial, Competition, Consumer, Franchising, Intellectual Property, Property and Property Planning, Real Estate, RMA (Resource Management Act), Shareholder and Securities, Trusts
BA, LLM (Hons), FAMINZ (Arb), FCIArb
Mark was admitted to the bar in 1994, and has over 24 years’ experience in civil and commercial litigation. He has particular expertise in commercial arbitration, building and construction law, and land and property disputes.
Since he was admitted to the bar in 1994 Mark has appeared in all of the major Courts and Tribunals in New Zealand, including as lead counsel in trials in the District and High Courts, and in appeals to the Court of Appeal and the Supreme Court. He regularly appears as counsel in commercial arbitrations, adjudications, and mediations, and acts as arbitrator and adjudicator in commercial and construction disputes. Mark has specialist expertise in the areas of commercial litigation, property, and construction law. As a commercial litigator Mark 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 civil and commercial cases, 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, and other complex disputes.
In the area of property and construction law Mark regularly advises and represents some of New Zealand’s most well known construction companies, property developers, and professionals in the building and construction industry. He has extensive experience as counsel in arbitrations and adjudications, and advises clients on construction law and contractual issues.
Mark’s arbitration practice also includes appointment as Arbitrator in commercial disputes, and as Adjudicator in adjudications under Construction Contracts Act.
Mark is a Fellow (Arbitration) of the Arbitrators’ and Mediators’ Institute of New Zealand, and a Fellow of the Chartered Institute of Arbitrators based in London. He is the convener of the Auckland District Law Society Property Disputes Committee. He has presented numerous seminars on litigation, property and construction law issues.
Since 2012 Mark has taught on the faculty of the New Zealand Law Society Litigation Skills Programme.
Mark also has a growing interest and client following in wine industry law. He advises New Zealand wine producers on a range of commercial issues, including international distribution contracts, intellectual property, liquor licensing and advertising standards.