A real estate agent who refused to undertake a Māori tikanga course has lost her legal fight to retain her licence.
The High Court ruled against Janet Dickson, dismissing her challenge to the Real Estate Authority’s (REA) requirement that all agents complete a Treaty-focused cultural competency course called Te Kākano (The Seed).
Dickson, supported by Hobson’s Pledge, claimed the course was politically motivated and irrelevant to her profession. She contested the REA’s authority to enforce the training, arguing it violated her right to freedom of expression.
From REA’s perspective, they argue that the course, for real estate agents, is “an opportunity to develop or deepen their understanding of Māori culture, language and custom, particularly with respect to land, and an understanding of the historical context of Te Tiriti o Waitangi – Treaty of Waitangi (Te Tiriti). Te Tiriti is a founding constitutional document in New Zealand and Te Kākano provides an outline of Te Tiriti and highlights its ongoing relevance in the real estate context.”
The court rejected Dickson’s appeal, affirming the agency’s power to impose the course and enforce penalties for non-compliance, including a five-year ban on reapplying for a licence. It has not yet been decided whether to appeal.
Hobson’s Pledge described the decision as “outrageous,” cautioning that it permits professional bodies to act as ideological enforcers. “It is not the role of real estate authorities, or any professional body, to impose political, religious, or cultural views onto its members,” stated trustee Don Brash.
The case caught the attention of Associate Justice Minister Nicole McKee who criticised the REA’s penalties as excessive. “No other profession imposes a five-year disqualification period for failing to complete a CPD requirement,” she remarked.
A law change is already underway to prevent a similar harsh punishment. However, the law change, as currently proposed, would leave the REA with the same power to impose controversial courses of questionable value to the profession in the future. The limits of that power may have to be determined on appeal.
From REA’s perspective, they argue that the course, for real estate agents, is “an opportunity to develop or deepen their understanding of Māori culture, language and custom, particularly with respect to land, and an understanding of the historical context of Te Tiriti o Waitangi – Treaty of Waitangi (Te Tiriti). Te Tiriti is a founding constitutional document in New Zealand and Te Kākano provides an outline of Te Tiriti and highlights its ongoing relevance in the real estate context.”
The court rejected Dickson’s appeal, affirming the agency’s power to impose the course and enforce penalties for non-compliance, including a five-year ban on reapplying for a licence. It has not yet been decided whether to appeal.
Hobson’s Pledge described the decision as “outrageous,” cautioning that it permits professional bodies to act as ideological enforcers. “It is not the role of real estate authorities, or any professional body, to impose political, religious, or cultural views onto its members,” stated trustee Don Brash.
The case caught the attention of Associate Justice Minister Nicole McKee who criticised the REA’s penalties as excessive. “No other profession imposes a five-year disqualification period for failing to complete a CPD requirement,” she remarked.
A law change is already underway to prevent a similar harsh punishment. However, the law change, as currently proposed, would leave the REA with the same power to impose controversial courses of questionable value to the profession in the future. The limits of that power may have to be determined on appeal.
Read more over at The NZ Herald and Hobson’s Pledge on X
The Centrist is a new online news platform that strives to provide a balance to the public debate - where this article was sourced.
No comments:
Post a Comment