Realtor loses challenge over compulsory Māori values course

Janet Dickson on the website for Hobson's Pledge. Photo: Hobson's Pledge
Janet Dickson on the website for Hobson's Pledge. Photo: Hobson's Pledge
By Pokere Paewai of RNZ

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 practise as a real estate agent for five years.

In 2023, the Real Estate Agents Authority directed that Te Kākano, a 90-minute course focused 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 licence if they do not complete their CPD requirements.

A licensee who has had their licence 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."