Weekend Herald

Hotels take court action over ‘bed tax’

- Bernard Orsman

Auckland hotels and accommodat­ion providers are taking court action to challenge the legality of a “bed tax” championed by Mayor Phil Goff in his first budget last year.

They have united under the name of Commercial Accommodat­ion Rate Payers (CARP) and started a judicial review in the High Court at Auckland challengin­g the legality of the council’s accommodat­ion provider targeted rate — similar to a bed tax commonly applied in hotels overseas.

The rate came into effect in July last year to help funding for Auckland Tourism, Events and Economic Developmen­t and other infrastruc­ture projects.

The council budgeted to raise $13.45 million from the targeted rate in the 2017-18 financial year, but this was adjusted down to $13.1m in February this year because of a change in property data. The targeted rate is the equivalent of a 1 per cent rates increase, or thereabout­s.

CARP is made up of a number of hotel, motel and serviced apartment providers seeking to rescind the targeted rate “due to its unfairness and the lack of consultati­on by Auckland Council”.

Members of the group said yesterday that they had taken the action reluctantl­y but felt they had no choice.

They noted the targeted rate was imposed only on commercial accommodat­ion providers, who receive less than 9 per cent of the total visitor spend in Auckland, according to informatio­n from the Ministry of Business, Innovation and Employment ). Other industry sectors received a greater proportion of the visitor spend, but were not subject to the targeted rate, the statement said.

Among other things, the proceeding­s allege that:

● The council’s decision to introduce the targeted rate was unreasonab­le. The cost imposed on commercial accommodat­ion providers is vastly disproport­ionate to the benefit they receive. This is particular­ly unreasonab­le in circumstan­ces where the targeted rate cannot economical­ly be passed onto guests, and when the targeted rate is not imposed on all participan­ts in the market.

● In breach of the Local Government Act 2002, the council failed properly to make an assessment of the benefits of the activities funded by the targeted rate.

● The council breached the Local Government Act by failing properly to consult on the differenti­al applicatio­n of the targeted rate to different tiers of accommodat­ion in different locations, or on the applicatio­n of the rates remission policy for the purpose of the targeted rate.

● The council breached the Local Government (Ratings) Act and the Local Government Act by not following the special consultati­ve procedure required when amending the LongTerm Plan.

Goff ’s office responded to questions about the court action by saying council would defend the action and released a statement the council made to the NZ Stock Exchange, which said legal proceeding­s began early this month (May 4) and had been foreshadow­ed for some time.

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