Thursday, February 13, 2025

Auckland realtor loses legal challenge over Māori values course

Auckland realtor, Janet Dickson.

Associate Justice Minister, Nicole McKee, has acknowledged today’s High Court decision which saw Auckland realtor, Janet Dickson, lose her challenge against the Real Estate Agents Authority over a compulsory Te Tiriti course.

In 2023, Mrs Dickson chose not to complete the compulsory professional development topic Te Kākano (The Seed) – which introduced real estate professionals to Māori culture, language, customs, and the Treaty of Waitangi.

Under the Real Estate Agents Act 2008, the REA is required to cancel a real estate agent’s licence if they do not complete their CPD requirements.

The decision in the High Court means Mrs Dickson faces the prospect of being ineligible to practice as a real estate agent for five years.

“Mrs Dickson applied for an exemption from completing Te Kākano and that application was denied. She therefore faced the prospect of not being able to practise as a real estate agent for five years,” said Minister McKee.

“I sent a Letter of Expectation to the Real Estate Authority Board in February last year clearly outlining that CPD requirements should be relevant to the job of real estate agents.

“I advised the Board that I did not consider the mandatory CPD topic in 2023 – Te Kākano (The Seed) – to meet my expectation of being relevant to the real estate profession.”

Minister McKee said it was critically important that the Real Estate Authority can demonstrate that its services materially improve outcomes for all New Zealanders and that they represent value for money.

“This case has shed light on an overly harsh punishment for real estate agents who have not completed the CPD requirements,” she said.

“No other profession imposes a five-year disqualification period on individuals for failing to complete their CPD requirement. It is a disproportionate response that stops people from working in their chosen profession.

“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.”

In a statement, Real Estate Authority chief executive, Belinda Moffatt said the authority welcomed the court’s decision.

“Education is an important part of the regulatory system REA oversees for licensed real estate professionals,” said Ms Moffatt.

“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.”

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