Failing to meet the requirement leads to automatic licence cancellation and a five-year ban
The High Court dismissed a judicial review challenge against the Real Estate Agents Authority’s decision to require all licensed real estate agents to complete Te Kākano, a 90-minute course on Māori culture, language, and the Treaty of Waitangi, as part of their 2023 continuing professional development (CPD) requirements.
In 2023, the authority introduced Te Kākano as a mandatory CPD course, alongside other professional development topics. A real estate agent who completed all other CPD requirements refused to take the course, arguing that it was not relevant to real estate work and conflicted with personal beliefs. The agent applied for an exemption, which the registrar declined. Under the Real Estate Agents Act 2008, failure to meet CPD obligations results in automatic licence cancellation and a five-year ineligibility period.
The agent sought judicial review, arguing that the authority lacked the legal authority to mandate the course, that the requirement was unlawful, and that it breached the right to freedom of expression.
The High Court ruled that the authority had the legal authority to establish CPD requirements, including specifying mandatory topics, under the act. The claim that all CPD topics required prior ministerial approval was rejected, with the court affirming that the authority could set topics annually without additional oversight.
The court found that mandating Te Kākano aligned with the act’s purpose of protecting consumers and maintaining public confidence in the real estate sector. Consumer surveys and complaints data indicated that some licensees lacked cultural awareness when dealing with Māori clients and property transactions, justifying the need for the course.
The agent argued that being required to complete the course violated the right to freedom of expression. The court disagreed, ruling that receiving information does not prevent a person from holding or expressing their own views. The claim that Te Kākano infringed on freedom of conscience due to its references to Māori spiritual beliefs was also dismissed, as completing the course did not require personal endorsement of any particular viewpoint.
Ultimately, the court upheld the registrar’s decision to deny an exemption. The CPD rules allow exemptions only in "exceptional circumstances," such as serious illness or other significant barriers. The agent’s objection based on personal beliefs did not meet this threshold.
