Hobson’s Pledge is undertaking to raise funds on behalf of Janet Dickson, a real estate agent with more than 30 years’ experience who is seeking a judicial review of the Real Estate Authority’s power to mandate cultural training. She is facing a five year ban on her real estate licence.

Janet is taking a principled stance in refusing to complete a mandatory CPD [Continuing Professional Development] course Te Kākano, 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. It is also a key concern of Janet that the mandatory CPD Te Kākano is a singular perspective of the subject matter when there is much variance in opinion and understanding within Māoridom, and indeed among all New Zealanders.

Ms Dickson’s lawyers at Franks Ogilvie anticipate that the judicial review could have far-reaching implications beyond real estate:

“ Cultural study courses have become increasingly prevalent across a diverse range of professions, including doctors, teachers, and lawyers. The imposition of any mandates could potentially encroach upon fundamental freedoms, which underlines Janet's goal to submit an application for judicial review. She seeks a declaration from the High Court on whether the Real Estate Authority has overstepped its jurisdiction. Should Janet succeed, it could set an important precedent, shaping and directing the actions of other professional regulatory entities.”

“Hobson’s Pledge supports Ms Dickson in her pursuit of judicial review. It is a gross overreach by the Real Estate Authority to threaten a five year ban on her licence to practice simply because she has declined to take part in training that has little to do with her work,” Hobson’s Pledge spokesperson Don Brash says.

“As is evident in the conversations taking place nationally at the moment, understanding of New Zealand’s history and of the Treaty of Waitangi is highly variable. REA’s decision to promote the perspective of a single iwi - Ngāti Awa – and to make learning this perspective mandatory is wrong.

“Cultural training may be appropriate for some professions, but surely it should cover any and all cultures the employee might come into contact with.

“A workplace or industry body has no right to impose one perspective as the correct way to think of the Treaty and our history. Employees and licensees are entitled to their own opinions and even to challenge what they are being taught.

“Hobson’s Pledge is asking supporters to contribute to funding Ms Dickson’s judicial review. Donations can be made at www.hobsonspledge.nz/meetjanetdickson "

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