After a year in the job as chief executive of the Real Estate Institute of New Zealand, Lizzy Fyley discussed a range of industry issues with The Post.
One matter that was not addressed was the governance role of the Real Estate Authority in the light of its cancellation of Auckland real estate agent Janet Dickson’s licence.
Dickson had refused to take “Te Kākano,” a mandatory 90-minute online course covering Māori culture, language, and The Treaty of Waitangi.
She said the course conflicted with her personal beliefs and – as seems glaringly obvious – was irrelevant to her real estate work.
But under the law at the time, failing to be instructed in Māori culture, language, and The Treaty of Waitangi meant Dickson had failed to meet “continuing professional development” (CPD) requirements.
According to LawNews, the regulator rejected her appeal for an exemption and has moved to cancel her licence despite her 30-year unblemished career, even though the government has since moved to change the rules regarding penalties for such disputes.
Fair to say, this controversy does not directly involve the Real Estate Institute of New Zealand. It is a matter between Janet Dickson and the Real Estate Authority.
This authority is the independent government regulatory body responsible for licensing agents, setting mandatory training (CPD) rules, and administering penalties.
The legal and disciplinary battles have played out through the REA, the High Court, and the Real Estate Agents Disciplinary Tribunal.
The REINZ where Fyley is CEO is a voluntary professional membership organisation that represents the interests of real estate agents, provides market data, and offers industry support.
It does not have the legal power to issue or cancel real estate licences.
But because it represents the interests of real estate agents, it seems reasonable to suppose it might have a view on the absurdity of real estate agents being required to attend courses of no obvious relevance to selling property.
Janet Dickson’s plight was acknowledged by the government, which stepped in and has changed the laws that penalised her.
Associate Justice Minister Nicole McKee introduced the Regulatory Systems (Occupational Regulation) Amendment Bill, which has passed its final reading. The new law removes the five-year disqualification period for real estate agents who fail to complete CPD requirements.
McKee noted that no other regulated profession had such a harsh penalty for a training dispute.
The government also issued formal letters to the Real Estate Authority, asserting that continuing professional development requirements must remain directly relevant to the core job of real estate agents and consumer protection
Dickson has been championed by Hobson’s Pledge, which campaigns against race-based policies and mandates, and Stephen Franks, of Franks Ogilvie, a high-profile Wellington lawyer and former ACT Party Member of Parliament.
They and her other supporters have heavily campaigned to uphold her right to freedom of expression and freedom of belief against state-mandated cultural training.
Despite the government changing the law, however, the amendments are not yet in force and the REA wrote to Dickson in August to notify her it intends to cancel her licence.
The REINZ’s Lizzy Ryley, marking the completion of her first year in the job of chief executive, talked to The Post about the housing market, how the real estate industry is faring, the rise of AI and what lies ahead.
Disappointingly, she did not discuss the licensing powers of the REA and the role of Maori culture in the selling of real estate, presumably because she was not asked.
Bob Edlin is a veteran journalist and editor for the Point of Order blog HERE.
She said the course conflicted with her personal beliefs and – as seems glaringly obvious – was irrelevant to her real estate work.
But under the law at the time, failing to be instructed in Māori culture, language, and The Treaty of Waitangi meant Dickson had failed to meet “continuing professional development” (CPD) requirements.
According to LawNews, the regulator rejected her appeal for an exemption and has moved to cancel her licence despite her 30-year unblemished career, even though the government has since moved to change the rules regarding penalties for such disputes.
Fair to say, this controversy does not directly involve the Real Estate Institute of New Zealand. It is a matter between Janet Dickson and the Real Estate Authority.
This authority is the independent government regulatory body responsible for licensing agents, setting mandatory training (CPD) rules, and administering penalties.
The legal and disciplinary battles have played out through the REA, the High Court, and the Real Estate Agents Disciplinary Tribunal.
The REINZ where Fyley is CEO is a voluntary professional membership organisation that represents the interests of real estate agents, provides market data, and offers industry support.
It does not have the legal power to issue or cancel real estate licences.
But because it represents the interests of real estate agents, it seems reasonable to suppose it might have a view on the absurdity of real estate agents being required to attend courses of no obvious relevance to selling property.
Janet Dickson’s plight was acknowledged by the government, which stepped in and has changed the laws that penalised her.
Associate Justice Minister Nicole McKee introduced the Regulatory Systems (Occupational Regulation) Amendment Bill, which has passed its final reading. The new law removes the five-year disqualification period for real estate agents who fail to complete CPD requirements.
McKee noted that no other regulated profession had such a harsh penalty for a training dispute.
The government also issued formal letters to the Real Estate Authority, asserting that continuing professional development requirements must remain directly relevant to the core job of real estate agents and consumer protection
Dickson has been championed by Hobson’s Pledge, which campaigns against race-based policies and mandates, and Stephen Franks, of Franks Ogilvie, a high-profile Wellington lawyer and former ACT Party Member of Parliament.
They and her other supporters have heavily campaigned to uphold her right to freedom of expression and freedom of belief against state-mandated cultural training.
Despite the government changing the law, however, the amendments are not yet in force and the REA wrote to Dickson in August to notify her it intends to cancel her licence.
The REINZ’s Lizzy Ryley, marking the completion of her first year in the job of chief executive, talked to The Post about the housing market, how the real estate industry is faring, the rise of AI and what lies ahead.
Disappointingly, she did not discuss the licensing powers of the REA and the role of Maori culture in the selling of real estate, presumably because she was not asked.
Bob Edlin is a veteran journalist and editor for the Point of Order blog HERE.
No comments:
Post a Comment
Thank you for joining the discussion. Breaking Views welcomes respectful contributions that enrich the debate. Please ensure your comments are not defamatory, derogatory or disruptive. We appreciate your cooperation.