- Hon Nicole McKee
Associate Justice Minister Nicole McKee has acknowledged today's High Court decision which saw Janet Dickson's claims in her case against the Real Estate Agents Authority dismissed.
"As a matter of principle, Mrs Dickson chose not to complete the compulsory professional development topic Te Kākano (The Seed) - which introduced real estate professionals to Māori culture, language, customs, and the Treaty of Waitangi. Under the Real Estate Agents Act 2008 the REA is required to cancel a real estate agent's licence if they do not complete their CPD requirements. Mrs Dickson applied for an exemption from completing Te Kākano and that application was denied. She therefore faced the prospect of not being able to practise as a real estate agent for five years.
"I sent a Letter of Expectation to the Real Estate Authority Board in February last year clearly outlining that CPD requirements should be relevant to the job of real estate agents.
"I advised the Board that I did not consider the mandatory CPD topic in 2023 - Te Kākano (The Seed) - to meet my 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.
"This case has shed light on an overly harsh punishment for real estate agents who have not completed the CPD requirements," Mrs McKee says.
"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.
"The Regulatory Systems (Occupational Regulation) Amendment Bill which I introduced to Parliament in December last year addresses this by removing that clause from the Real Estate Agents Act 2008, creating consistency with other regulated professions."
