Janet Dickson on the website for Hobson's Pledge Photo: Hobson's Pledge
An Auckland Real Estate Agent has lost her challenge against industry body the Real Estate Authority over a compulsory Te Tiriti course.
The decision in the High Court means Janet Dickson faces the prospect of being ineligible to practice as a real estate agent for five years.
In 2023, the Real Estate Agents Authority directed that Te Kākano, a 90-minute course focussed on Māori culture, language and te Tiriti o Waitangi, would be made mandatory for all real estate agents, branch managers and salespersons as part of their continuing professional development (CPD) requirements for 2023.
Dickson chose not to complete Te Kākano as a matter of principle, despite completing all other CPD requirements for 2023.
She considered that the course would not add any value to the performance of her real estate agency work and said the course conflicted with her personal beliefs.
Under the Real Estate Agents Act 2008, the authority is required to cancel a real estate agent's license if they do not complete their CPD requirements.
A licensee who has had their license cancelled becomes ineligible to hold one for the following five years.
Dickson claimed that the authority's decision to mandate Te Kākano was invalid because it was beyond the scope of the Real Estate Agents Act, failed to adhere to the regulatory scheme and breached her right to freedom of expression.
Justice McQueen dismissed Dickson's claim and held that the Authority's decision to make Te Kākano mandatory was made validly.
Justice McQueen held Te Kākano did not in any way restrict freedom of expression for its participants, and that the course, mandatory only for those who have chosen to perform real estate agency work, in no way prevents participants from forming and sharing views on the course content that are different than what was taught.
Real Estate Authority chief executive Belinda Moffatt said in a statement the authority welcomed the court's decision.
"Education is an important part of the regulatory system REA oversees for licensed real estate professionals. The court's decision reflects that REA acted lawfully and reasonably in discharging its obligations under the Real Estate Agents Act, as the conduct regulator of the real estate profession.
"We are unable to comment further on the status of Mrs Dickson's licence as Mrs Dickson's application to the Real Estate Agents Disciplinary Tribunal for review of the Registrar's decision is still before the Tribunal."
Dickson is supported by lobby group Hobson's Pledge, and in February she appeared in a post on the Hobson's Pledge Facebook page urging people to "join the fight to end woke madness".
In response to the High Court decision, Hobson's Pledge said it would be "worrying to many New Zealanders".
"It is not the place of real estate authorities, or any professional body, to force members to take part in 'struggle sessions' or courses that are effectively indoctrination ... compulsory Treaty courses are at best only peripherally connected to most professional employment as well as often being highly prejudiced in their perspectives."
The case highlighted the "need for the government to update legislation on the powers of regulatory bodies as a matter of urgency", Hobson's Pledge said.
In a statement, Associate Justice Minister Nicole McKee, acknowledging the decision, said she sent a letter of expectation to the Real Estate Authority board in February 2024 stating that CDP requirements should be relevant to the job of real estate agents.
McKee said she advised the board that she did not consider that the mandatory CDP top in 2023 Te Kākano (The Seed) met the requirement of being relevant to the real estate profession.
The case showed there was "an overly harsh punishment for real estate agents who have not completed the CPD requirements", she said.
A five-year disqualification period for those who failed to complete their CDP requirement was disproportionate and stopped people from working in their chose profession, she said.
"The Regulatory Systems (Occupational Regulation) Amendment Bill which I introduced to Parliament in December last year addresses this by removing that clause from the Real Estate Agents Act 2008, creating consistency with other regulated professions."
