9 April 2024
Our Ref: C56772
By email: [FYI request #23497 email]
Tēnā koe, John,
Official Information Act 1982 (OIA): Te Kākano
I refer to your official information request dated 25 February 2024 for the following:
" 1. All information, including but not limited to business cases, memos, email
messages, watsapp messages, SMS messages, et al related to the background and
rationale for mandating of the Te Kakano course in 2023
2. All information, including but not limited to business cases, memos, email
messages, watsapp messages, SMS messages, et al related to the background and
rationale for making the Te Kakano course optional for 2024
3. The total number of people who were required under the mandate in 2023 to
complete Te Kakano including a breakdown of the number that did not complete Te
Kakano
4. The number of and details of any complaints and appeals related to the
requirement to mandatorily complete Te Kakano in 2023”
We have considered your request under the OIA and set out our response below.
Information being released
Request 1 - All information, including but not limited to business cases, memos,
email messages, watsapp messages, SMS messages, et al related to the
background and rationale for mandating of the Te Kakano course in 2023
We attach the following information in relation to Request 1:
a. Memo from REA Education Team to SLT with verifiable CPD topics recommendations
for 2023
b. CE report to the Board with information on the CPD and education programme. The
recommendation from the education that no exemptions be granted was not
endorsed by the CE and was not presented as a recommendation to the Board.
c. Minutes of the Board meeting supporting Diversity & Inclusion and the mandatory
topic.
Information in these documents outside of the scope of your request have been withheld.
We also refer you to our industry Panui/Newsletter to the Sector which are available on our
website.
Request 2. Al information, including but not limited to business cases, memos, email
messages, watsapp messages, SMS messages, et al related to the background and
rationale for making the Te Kakano course optional for 2024
Each year REA releases new topics to the Continuing Professional Development (CPD) topic
library (available at rea.govt.co.nz) and notifies licensees on whether the topics are
mandatory or elective for that CPD year (which ends on 31 December). Licensees must
complete the topics prescribed as mandatory in that calendar year, along with any of the
elective topics from the CPD library for the balance of the required 10 hours of verifiable
CPD.
All mandatory topics become elective topics in the fol owing year. This is because we do
not expect licensees to do the same topic two years in a row. Therefore, Te Kākano is an
elective topic in 2024 and remains available for new licensees to complete as part of their
elective topic selection.
Please see the CPD topic section of
rea.govt.nz, which shows that the two mandatory topics
for the 2022 calendar year became elective topics in 2023, and similarly the two mandatory
topics for 2023 are now elective topics in 2024.
There is no further material to release in relation to this request.
Request 3. The total number of people who were required under the mandate in 2023 to
complete Te Kakano including a breakdown of the number that did not complete Te
Kakano
13,818 licensees were required to complete 2023 CPD by 31 December 2023. 276 (1.9%)
licensees did not complete Te Kākano by 31 December (including 191 licensees who did not
complete any CPD). We note that this number includes licensees who have been granted a
deferral.
It is important to emphasise that there are several reasons why licensees do not complete
their CPD requirements. For example, each year a number of licensees choose not to
complete their CPD obligations as they no longer intend to undertake real estate agency
work, or intend to leave the profession. Others may incorrectly assume they are exempt if
they were recently licensed. In other cases, illness or death are the reasons provided for
non-completion. Sometimes technical issues arise which means a completion of a topic is
not recorded accurately. We are working through these reasons with all licensees as part of
our process.
Request 4. The number of and details of any complaints and appeals related to the
requirement to mandatorily complete Te Kakano in 2023.
As at the time of our response:
Two licensees have appeals pending before the Real Estate Agents Disciplinary
Tribunal against the Registrar’s decision not to grant an exemption from completing
the Te Kākano course; and
one licensee has commenced judicial review proceedings in the High Court in
relation to Te Kākano.
All further details have been withheld under section 6(c) as they are the subject of active
matters before the Tribunal/High Court.
Next steps
You have the right to seek an investigation and review by the Ombudsman of this decision.
Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Nāku noa, nā
Herman Visagie
General Counsel
Document Outline
