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Experienced east Auckland real estate agent Janet Dickson has lost her judicial review against the Real Estate Authority (REA) and its requirement for all licensed real estate agents to complete the mandatory ‘Te Kākano’ (the seed) course on Māori culture, language, custom, and the Treaty of Waitangi.
The course was developed in partnership with training provider Te Whare Wānanga o Awanuiārangi.
Module one focuses on Māori language and customs, module two is on The Treaty of Waitangi and module three is on Māori land.
Dickson’s judicial review was heard in the Wellington High Court on June 18 last year.
She’s refused to complete the course for reasons including that she believes it’s not relevant to her work.
As a result she’s facing a five-year ban from the industry if her licence is revoked.
“It’s nothing to do with a Māori language course,” she previously told the Times.
“I downloaded the coursebook so I could see what it was about and it’s saying they [Māori] didn’t give sovereignty when they signed the Treaty, there’s no such thing as equality – it’s called equity, and there’s Māori preference in everything.
“This thing says we have to know who the Māori gods are and name them, learn how to pray to them, write prayers to them and learn how to worship them.
“And I’m sorry, that is the wrong button to push. I’m a 100 per cent committed Christian and there’s no way I’m going to give any room in my life to any foreign gods.
“It is utterly irrelevant to the work we are doing but the main thrust [of her opposition to it] was the rest.”
The court judgement, released today, February 4, states Dickson had argued the REA’s decision to make the Te Kākano course mandatory was invalid for three reasons.
“First, she says Te Kākano was too specifically prescribed and so did not comply with the requirements of the Practice Rules.
“Second, she says the decision was a power exercised for an improper purpose because Te Kākano was not necessary to protect consumers and was not core to real estate agency work.
“Third, she says that the decision was inconsistent with the right of freedom of expression.”
But the judge has ruled that the REA’s decision to make Te Kākano mandatory was made validly.
That’s because the Practice Rules enable the REA to set down prescribed, specific topics for licensees to complete as part of their Continuing Professional Development (CPD) requirements and there’s no requirement that CPD courses be “necessary” to protect consumers.
The judge said licensees must act in good faith and deal fairly with all parties.
“They must also avoid any conduct that would bring the industry into disrepute.
“Finally, they must have a sound knowledge of legislation relevant to real estate agency work; something the Treaty and the Treaty principles are relevant to given legislation relevant to the real estate sector refers explicitly to the Treaty or the principles of the Treaty.”
The judge also found the Te Kākano course “did not in any way restrict freedom of expression for its participants.
“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.
“Just as any mandatory education, for example in schools, may impart a particular viewpoint but does not restrict students from forming and sharing different views.”
Dickson says a large number of real estate agents who are opposed to having to complete the course also have contacted her.
Her legal fight is backed and funded by the Hobson’s Pledge lobby group headed by former National Party leader Dr Don Brash.
In a message to her supporters, which Dickson has shared with the Times, she thanks them and her Franks Ogilvie legal team, and Hobson’s Pledge and the Free Speech Union.
“Your commitment and practical help have meant so much over all these months of waiting – knowing you were there.
“It has been enormously important to drive a stake in the ground against those, in this case in the Real Estate Authority, with the power to force their political, racial, religious and cultural prejudices upon their licensees, via their compulsory training, under pain of loss of licence and therefore livelihood.
“Compulsory training’s about protecting the consumer from agent dishonesty and incompetence in the sale and purchase of property. Not this woke nonsense.
“But it applies across the board – doctors, nurses, teachers – you name it – not to mention all apprentices – each and every one forced to surrender to this brainwashing.
“So, regardless of the outcome today, the team have been working on changing the law to ensure this can’t happen again.”
The REA says its role, as set out in the Real Estate Agent’s Act 2008, is to license real estate agents, branch managers and salespeople, oversee their Continuing Professional Development (CPD) programme and Code of Professional Conduct, and to maintain a complaints and discipline regime.
“Licensees must complete 10 hours of verifiable CPD each calendar year.
“If a licensee does not complete their annual CPD training requirement by December 31, the Act requires the REA Registrar to cancel their licence, unless they have an exemption or deferral.
“All mandatory topics become elective topics in the following year as we do not expect licensees to do the same topic two years in a row.
“Te Kākano is therefore an elective topic in 2024 and remains available for new licensees to complete.”
