This is not the update I wanted to bring you. We are all so disappointed.
Janet Dickson's Judicial Review was not successful.
Janet Dickson is, of course, the real estate agent who was threatened by the Real Estate Authority with having her practising licence cancelled because she did not wish to take part in an online course on te reo Māori, tikanga, and the Treaty of Waitangi.
Hobson's Pledge and our supporters have backed Janet from the very beginning. We understand that compulsory Treaty courses are at best only peripherally connected to most professional employment. Additionally, these courses are inevitably highly subjective, politicised, and often factually dubious. And, it can hardly be denied that the heavy hand of cancelling practising licences for those who don’t comply, is coercive and abusive.
The court has said that real estate agents can be forced, under the current rules, to take part in mandatory courses or activities that have little or nothing to do with their professional work. And although cancelling a licence and imposing a five year ban from reapplying is a “harsh consequence”, the court 'shrugged,' saying it is a consequence allowed under the Real Estate Agents Act.
This judgement will be worrying to many New Zealanders. It is not the place of real estate authorities, or any professional body, to force members to take part in ‘struggle sessions’ or courses that are effectively indoctrination.
I told the media in the press release we just sent out:
“It is not the place of real estate authorities, or any professional body, to foist political, religious, or cultural views onto its members."
This outrageous case highlights the need for the Government to update legislation on the powers of regulatory bodies as a matter of urgency.
We call on Minister Nicole McKee and the Coalition Government to ensure that professional bodies do not get too big for their boots by forcing particular political and cultural views onto their memberships in ways that have nothing to do with the professional work being undertaken.
Janet's lawyers are working with our team to go through the judgment with a fine-toothed comb and we will provide you with a more comprehensive summary of what it says in the coming days.
Outrageous. That's the word of the day. Just outrageous.