IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2024-485-134 [2025] NZHC 50
UNDERJudicial Review Procedure Act 2016 Part 30 of the High Court Rules 2016 New Zealand Bill of Rights Act 1990
IN THE MATTER of an application for judicial review of
Practice Rules and decisions made under the Real Estate Agents Act 2008
BETWEEN JANET ELIZABETH DICKSON
Applicant
AND REAL ESTATE AGENTS AUTHORITY
First Respondent
REGISTRAR OF LICENSED REAL ESTATE AGENTS
Second RespondentASSOCIATE MINISTER OF JUSTICE
Third Respondent
Hearing: 18 June 2024
Appearances: N M Pender, B E Morten and P A Miller for Applicant
A S Butler KC, S A H Bishop and S Deng for First and Second Respondents
K Laurenson and I M McGlone for Third Respondent
Judgment: 4 February 2025
JUDGMENT OF McQUEEN J
DICKSON v REAL ESTATE AGENTS AUTHORITY [2025] NZHC 50 [4 February 2025]
Table of Contents
Para Nos
Introduction [1]
Overview of the scheme for regulating real estate agents [9]
The licencing scheme [12]
The Authority’s powers to set continuing education requirements [17] The 2018 Practice Rules [20]
What happened? [24]
Background to Te Kākano [24]
Te Kākano is developed [40]
Te Kākano is introduced [47]
The Registrar issues exemption guidelines [53]
Mrs Dickson does not complete Te Kākano and applies for an exemption [56]
Overview of parties’ positions [62]
First cause of action—are the Practice Rules invalid? [69]
First ground —is the requirement to complete “verifiable CPD” ultra vires
the Act? [70]
Should s 15 be interpreted narrowly or broadly? [82] Is the definition of “verifiable CPD” permissible under s 15(1)(a)? [110] Is the definition of “verifiable CPD” permissible under s 15(1)(b)? [114] Are subs (1)(a) and (1)(b) disjunctive? [119]
Conclusion [123]
Second ground —did the Associate Minister abdicate their authority in
approving the Practice Rules? [124]
Conclusion on first cause of action [131]
Second cause of action—review of the Authority’s decision to mandate Te Kākano [132]
First ground —was the Authority’s decision illegal? [133]
Second ground —did the Authority’s decision fail to adhere to the
purposes of the Act or the criteria set out in s 17? [138]
Did the decision need to meet s 17 criteria? [139] Did the Authority act in accordance with the Act’s purposes? [140]
Third ground—was the Authority’s decision a breach of Mrs Dickson’s
right to freedom of expression? [158]
Conclusion on second cause of action [169]
Third cause of action—review of the Registrar’s refusal to grant an
exemption [170]
Result [181]
Costs [182]
Introduction
[1] In 2023, the Real Estate Agents Authority (the Authority) directed all real estate agents, branch managers and salespersons (licensees) to undertake a mandatory 90-minute course focussed on Māori culture, language and te Tiriti o Waitangi | the Treaty of Waitangi (the Treaty) as part of their continuing professional development (CPD) requirements for 2023. The course was titled Te Kākano. Mrs Janet Dickson, an experienced real estate agent, did not complete Te Kākano despite completing all other CPD…
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- Case
- [2025] NZHC 50
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