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.
7 comments:
This course is nothing about "deepening understanding of Māori culture", as can be seen by the fact that if you don't complete this "CPD" requirement you are banned for five years. This now only effects real estate agents, but it is a sign of what's coming for everyone.
And the rot deepens.
It is a violation of a person's rights to be forced to be seen to support or promote a political cause with which s/he disagrees.
The Supreme Court of the UK has upheld this principle.
Hasn't the judiciary here caught up with it?
Time they did!
Again a Third Reich type call from the so called NZ government.
Nowhere else in the OECD type countries would this indoctrination be inflicted or tolerated.
Sadly, the fate of NZ depends on a few scrambled cells in Luxons brain.
He purports to have strong Christian principles - what a hypocrite.
And did this " legal" requirement become law under Ardern ?
Oh yes it did !
Did Luxon repeal it in his famous 100 days ?
No and why not ?
It would have been one of the easiest with a stroke of a Sharpie if he wanted .
He didn't, so what does that tell you about him ?
Would he please come clean about his real agenda ?
Our judiciary haven't caught up with a lot of things. They think they can do whatever they want (and usually do)
The High Court took 51 pages to confirm that the Real Estate Agents Authority is required by law to cancel a real estate agent's licence for 5 years if they do not complete their continuing professional development requirements. Read the judgement. It's not hard to find on Google. Dickson knowingly and deliberately refused to comply with a lawful requirement and suffered the inevitable consequences. If social justice warriors have a problem with that then they should lobby Government to change the law, not harass the judiciary for a perfectly straight-forward decision. Dickson only had to turn up to the CPD session for 90 minutes. She was perfectly at liberty to ignore the proceedings and then go home. But instead she has chosen to play the martyr and waste a lot of peoples' time and money. And that says more about Ms Dickson than Justice McQueen.
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