An experienced east Auckland real estate agent is awaiting a court judgement that will determine if she’s allowed to keep working in the industry for the foreseeable future.
Janet Dickson has sought a 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. The course costs $29 plus GST to complete.
Dickson’s judicial review was heard in the Wellington High Court on June 18.
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.
When the Times spoke to Dickson she was expecting the court judgment to arrive “any day”.
“It’s nothing to do with a Māori language course,” she says.
“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.”
Dickson says a large number of real estate agents who are opposed to having to complete the course also have contacted her.
“Of the people who’ve written to me they said, ‘I went so near to that wire, but I’ve got kids to feed’, and it turns out I was the only person across the nation who actually said ‘no’.”
Dickson’s legal fight is backed and funded by the Hobson’s Pledge lobby group headed by former National Party leader Dr Don Brash.
The group’s website asks for donations to help fund the judicial review and asks the public if they’ll back her “and this opportunity to rein in radical policies being pushed through companies and organisations via employee or licensee training”.
“Now is the time for collective resistance to safeguard the major principles of our democracy.
“It is imperative to ensure that Janet’s voice, and those similarly situated, are not silenced.
“We need a unified stand to uphold the fundamental values of professional autonomy and democratic freedoms.”
It says the legal action is a critical step in addressing the “overreach of authority” by the REA and may be an effective curb on the risk of similar overreach by other statutory professional organisations.
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.”
