The module focused on Māori culture, language and the Treaty of Waitangi and was made compulsory for all real estate agents, branch managers and salespeople in 2023.
Agents who do not complete professional development requirements risk having their licences cancelled. People whose licences are cancelled cannot reapply for one for five years.
Dickson’s court action challenged whether the Real Estate Agents Authority (REAA), the Associate Minister of Justice or the registrar of licensed real estate agents acted validly when making decisions about the mandatory course.
She said the practice rules under which the REAA and the minister prescribed professional development requirements were invalid under the Real Estate Agents Act.
Dickson said the REAA’s decision to make Te Kākano compulsory was beyond the act’s scope, and breached her right to freedom of expression.
She said the registrar’s decision not to grant her an exemption from completing the course was also invalid.
High Court Justice Helen McQueen decided against her, and dismissed her application for a judicial review.
Dickson, who was working recently for Harcourts in Howick, Auckland, has had a 30-year career in real estate with no disciplinary action.
She has called real estate work a vocation and a calling, citing her Presbyterian values. In her court case, she said the course’s references to Māori gods sat uncomfortably with her own monotheistic Christian belief.
She labelled the course “woke madness” in a Facebook post and vowed to fight “to make sure this doesn’t happen to anyone else”.
She told the court she considered the course would not add any value to the performance of her real estate agency work.
Dickson has been backed in her court case by the Hobson’s Pledge lobby group, led by conservative politician Don Brash.
The group issued a statement after the court judgment was released calling it an “outrageous decision” which would be “worrying to many New Zealanders”.
“It is not the place of real estate authorities, or any professional body, to foist political, religious, or cultural views onto its members,” Brash said.
He said the court case highlighted the need for the Government to update legislation on the powers of regulatory bodies as a matter of urgency.
Justice McQueen found that the practice rules governing the professional development courses were made validly by the REAA and the minister.
Although the penalty facing those who did not complete the requirements - being banned from carrying out real estate work for five years - was harsh, Parliament had chosen to impose such a penalty in the law.
The REAA had clearly informed all licensees, including Dickson, of the consequences of not doing the required courses.
The judge also held that Te Kākano did not in any way restrict freedom of expression for its participants.
“The fact is that Mrs Dickson remains free to hold her own views about the matters discussed in Te Kākano,” Justice McQueen said.
Dickson also claimed that the registrar’s “blanket” refusal to grant any exemptions from doing the course was also invalid.
Justice McQueen said, to the contrary, the evidence demonstrated that the registrar applied the test for an exemption that was set by the authority in the practice rules, and which had since been developed by case law.
Dickson’s legal team were approached with a question about whether she now planned to take the decision to the Court of Appeal.
They said no decisions had yet been made on the next steps.
After the court decision was released, Associate Justice Minister Nicole McKee said that she did not consider that the Te Kākano course met her expectation of being relevant to the real estate profession.
“It is critically important to me that the Real Estate Authority can demonstrate that its services materially improve outcomes for all New Zealanders and that they represent value for money,” she said.
“This case has shed light on an overly harsh punishment for real estate agents who have not completed the [professional development] requirements,” McKee said.
“No other profession imposes a five-year disqualification period on individuals for failing to complete their CPD requirement. It is a disproportionate response that stops people from working in their chosen profession.”
McKee said the Regulatory Systems (Occupational Regulation) Amendment Bill which she introduced to Parliament in December last year removed that clause from the Real Estate Agents Act 2008, creating consistency with other regulated professions.
Real Estate Agency Chief Executive Belinda Moffat said she welcomed the court’s decision. "
“Education is an important part of the regulatory system REA oversees for licensed real estate professionals,” she said.
“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.”
Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay.
