Full Breakdown
Real Estate Agent’s Exemption Bid Denied, Licence Cancellation Looms
9/2/2026, 8:42:53 PM
Core Event
Janet Dickson, a Wellington-based agent with more than three decades in the profession, sought an exemption from the Real Estate Agents Authority’s (REA) mandatory “Te Kakano” cultural competency course. The Real Estate Agents Disciplinary Tribunal upheld the REA registrar’s refusal, finding no legal error and concluding that Dickson’s objections did not meet the “exceptional circumstances” threshold required for an exemption. The decision triggers the REA’s notice to cancel her licence.
Background & Context
The REA introduced the 90-minute Te Kakano course in 2023. It comprises three modules on Maori language and development, the Treaty of Waitangi, and Maori land issues, intended to raise awareness of Maori perspectives in property transactions.
Dickson applied for an exemption in November 2023, objecting to the course’s delivery by an iwi education provider and arguing that its content conflicted with her ethical and Christian convictions. After the registrar denied the exemption, she pursued a judicial review in the High Court (heard June 2024, dismissed February 2024) and considered, then abandoned, an appeal to the Court of Appeal. The tribunal reviewed written submissions in August 2024 without requiring her personal appearance.
Data & Statistics
- Course length: 90 minutes, three modules.
- Dickson’s career: over 30 years in real estate.
Official Statements & Responses
- Registrar (Tim Bain): Stated that Te Kakano does not require participants to adopt Maori cultural practices or beliefs and that the course’s purpose is simply to ensure agents understand Maori consumer perspectives. He affirmed that Dickson’s objections did not meet the statutory threshold for exemption.
- Associate Minister of Justice (Nicole McKee): Previously issued a “Letter of Expectation” indicating that continuing professional development (CPD) requirements should be directly relevant to real estate work.
- Tribunal: Determined the registrar’s decision was lawful, concluding that Dickson was not prevented from attending by conscience or belief and that she was merely required to listen to another ethnic group’s culture, language, and customs.
Criticism & Opposition
- Barrister Gary Judd, KC (representing Dickson): Asserted that the tribunal failed to consider Dickson’s rights under section 13 of the New Zealand Bill of Rights Act, which protects freedom of thought, conscience, religion, and belief.
- Lawyer Stephen Franks (representing Dickson): Described the ruling as a “rubber-stamping” of the registrar’s earlier decision, ignoring human-rights arguments.
Verbatim Quotes
- “I feel utterly betrayed by my professional body.” — Stephen Franks
- “All these regulatory bodies can continue to impose rules and regulations that have got nothing to do with the core business of why the regulator exists, which is consumer protection.” — Stephen Franks
Conflicting Reports & Gaps
Sources agree on the tribunal’s reasoning, the course’s content, and the procedural timeline. However, they do not detail the criteria the REA uses to assess “exceptional circumstances,” leaving that aspect opaque.
What’s Next
The REA has signalled its intention to cancel Dickson’s licence immediately. Recent government changes removing a five-year prohibition on obtaining a new licence for agents who miss CPD requirements are not retrospective and will not affect her case. Dickson may still seek further legal recourse, though counsel warns any appeal would likely repeat earlier arguments and entail significant cost.
