This year is flying by and it seems like just yesterday we were introducing you to Janet Dickson, the real estate agent who is challenging the Real Estate Authority's power to impose compulsory courses like Te Kākano on licensees in the High Court.
Well, Janet's day in court is fast approaching! Tomorrow - Tuesday 18 June - all systems are go.
Her lawyers will be arguing that the REA did not follow proper processes for approval of the rules they used to make Te Kākano mandatory, that the course is not relevant to real estate agents' practice, and that this was an unjustified breach of Janet’s freedom of expression.
Since Janet filed her case, she has attracted a lot of media attention and support. Including from Deputy Prime Minister Winston Peters who called the REA’s mandatory Treaty and tikanga course “woke madness”.
Janet is at risk of losing her real estate licence for five years if the REA is allowed to continue imposing controversial courses like this.
A recap on the case:
Janet is a dedicated real estate agent with more than 30 years experience, but the Real Estate Authority has threatened to cancel her licence for five years. Why? Because Janet took a principled stance in refusing to complete an online training course instructing real estate agents on te reo Māori, tikanga, and the Treaty of Waitangi.
Her refusal is based on concerns that an industry body can force members to complete training on a subject only very peripherally connected to their job under threat of losing their right to work.
This legal action is a critical step in addressing the overreach of authority by the REA and may be an effective curb on the risk of similar overreach by other statutory professional organisations.
The Judge can clearly see the broad importance of this matter, because in the security for costs decision the Judge found that this case is in the public interest and that there were 92 other real estate agents in the same boat.
Similar training mandates have detrimentally affected a wide array of professions, including doctors, teachers, and lawyers. The imposition of these mandates, infringing upon the fundamental freedom of conscience, requires immediate action.
If the court finds in Janet’s favour, it has the power to make declarations that this course cannot be mandatorily imposed and will no doubt have ramifications for other government agencies trying to do the same thing.
Without the financial contributions of Hobson's Pledge members, this important judicial review would not be taking place. Our combined efforts have enabled Janet and her legal team to establish legal precedents that will protect New Zealanders from ideological and overreaching industry bodies. Presuming the case is successful, of course!
We will update you on how the hearing goes so keep an eye on your inbox. Fingers crossed!