High Court Dismisses Real Estate Agent’s Claim as Minister Calls for Fairer Regulations

To address this issue, McKee introduced the Regulatory Systems (Occupational Regulation) Amendment Bill to Parliament in December 2024.

Associate Justice Minister Nicole McKee has acknowledged today’s High Court decision to dismiss Janet Dickson’s claims in her case against the Real Estate Agents Authority (REA), while reinforcing the need for fairer regulatory standards in the profession.

Mrs. Dickson’s case arose after she refused to complete Te Kākano (The Seed), a compulsory professional development (CPD) module introducing 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 revoke a real estate agent’s license if they fail to complete mandatory CPD requirements. After her exemption request was denied, Dickson faced a five-year disqualification from practicing as a real estate agent.

Minister McKee has been vocal about ensuring CPD requirements align with the practical needs of real estate professionals.

“In February last year, I sent a Letter of Expectation to the Real Estate Authority Board making it clear that CPD requirements should be relevant to the job of real estate agents,” she stated.

“I did not consider Te Kākano to meet that expectation, and this case has highlighted the excessively punitive approach taken against real estate agents who do not fulfill CPD obligations.”

McKee emphasized that no other regulated profession imposes a five-year ban for non-compliance with CPD requirements, calling the penalty a “disproportionate response” that unjustly restricts people from working in their chosen field.

To address this issue, McKee introduced the Regulatory Systems (Occupational Regulation) Amendment Bill to Parliament in December 2024. The bill seeks to amend the Real Estate Agents Act 2008 by removing the mandatory five-year disqualification clause, ensuring consistency with other regulated professions.

“This legislative change will bring fairness to the system while ensuring real estate agents meet appropriate professional development standards without facing unnecessary career-ending penalties,” McKee concluded.

The High Court’s decision reinforces the authority of the REA to set CPD requirements, but the Minister’s reforms signal a shift towards a more balanced approach that supports both professional development and employment security.