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									                                       IN THE MATTER of the Resource Management Act 1991


                                       IN THE MATTER              of a Board of Inquiry appointed under
                                                                  Section 149J of the Resource
                                                                  Management Act 1991 to consider a
                                                                  Notice of Requirement by the
                                                                  Minister of Corrections for an
                                                                  alteration to a designation to provide
                                                                  for the construction, operation,
                                                                  maintenance and upgrading of a
                                                                  Men’s Prison at 20 Hautu Drive, Wiri,
                                                                  Manukau City

                             BRIEF OF EVIDENCE OF DAVID BEARD


1.1      I am David Sydney Beard.

1.2      I reside at 70 Memorial Drive, Hamilton East Hamilton.

1.3      I am director of Investment Property Asset Management Ltd.

1.4      Investment Property Asset Management Ltd is the General Partner of
         Investment Property Holdings Limited Partnership and I am authorised to speak
         on their behalf.

1.5      Investment Property Holdings Limited Partnership owns an industrial property at
         12 Hautu Drive, Wiri, Manakau City.

1.6      I have approximately 25 years experience in the construction and management
         of industrial buildings.

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2.       12 HAUTU DRIVE

2.1      The property comprises a heavy engineering workshop of 4488m2 with attached
         offices and amenities of 514m2 and canopies of 239.6m2, a total floor area of
         5002m2. The land area is 1.0760 hectares (10,760m2). The building height is 9
         metres and it is constructed with a heavy duty concrete floor, structural steel
         frames and steel clad walls and roof. The building contains a gantry crane
         suitable for lifting heavyweight steel sections and steel coil. The building is set
         back from the front boundary by 18m and from the rear boundary by 6 m. It is
         set back 23.5m and 18 m from the side boundaries. The comparatively large
         setbacks are to accommodate vehicle manoeuvring, particularly in view of the
         large truck requirements of a building designed as a heavy engineering
         workshop. The building was constructed in 2002.

2.2      Hautu Drive is particularly suited to buildings that accommodate large and slow
         moving trucks because the low traffic volumes and wide carriageway means
         that traffic congestion and conflicts are minimised especially when trucks are
         coming in or out of the site. This combined with good access and egress to
         Roscommon Road make Hautu Drive particularly attractive to heavy industrial

2.3      The current occupant is Kiwi Steel Ltd who manufactures structural steel
         elements and steel cladding for buildings. This involves importing heavy steel
         plate which is then cut up and fabricated into steel beams and columns. Kiwi
         also import rolled steel coil that is roll formed, using presses, to provide profiled
         long-run roofing typical on large industrial premises. Transportation is via B train
         units and truck and trailer.

2.4      Kiwi Steel’s lease on the premises expires on 31 July 2011and we have
         negotiated with them to extend the lease to now expire 30 July 2012. We would
         intend to re-lease the premises to a new tenant on expiry of the Kiwi lease or to
         renegotiate a further extension with the present tenant. During our discussions
         with Kiwi Steel regarding the renewal of the Lease, Kiwi Steel has expressed
         concerns as the effect of the proposed men’s prison on their access, in terms of
         safety and ease of access, and general security. We would reasonably expect
         similar issues to arise with any incoming tenant. Quality, safety and ease of
         access are of paramount importance to users.

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3.       The reason that we believe access via Kiwi Tamaki Drive is preferable is that it
         will minimize disruption, congestion, and access and safety issues that will
         occur if the main entry to the Men’s Prison is placed on Hautu Drive. All of these
         factors will detract from the amenity of Hautu Drive and reduce its
         attractiveness to tenants. There are eight substantial properties fronting directly
         to Hautu Drive and a further eleven on Ha Crescent. There are only three users
         on Kiwi Tamaki Drive. I further note there is there is only one occupant along
         the entire northern side of Kiwi Tamaki Drive, Visy, and as the site is more or
         less fully developed there is little likelihood of further demand for street
         crossings. It makes little sense, to me, to adversely affect the amenity of a lot of
         substantial occupants when there is another viable option that will minimize the
         adverse effects.


4.1      Our original submission was lodged on our behalf by Cowper Campbell on 14
         December 2010.

4.2      On 15 December I was contacted by Craig Erskine of Department of
         Corrections advising:

         (a)       Department of Corrections had had a positive response from CYFS
                   regarding the land that was required for Corrections to obtain access
                   from Kiwi Tamaki Drive.

         (b)       He would like to see our submission turned round to support the
                   proposal if primary access was to be from Kiwi Tamaki Drive. He still
                   required secondary access from Hautu Drive.

         (c)       He advised Auckland Transport had no issue with the intersection of
                   Kiwi Tamaki Drive/ Bolderwood Drive and Roscommon Road, providing
                   Corrections paid the cost.

4.3      On 16 December our solicitor, Janette Campbell received an email from Peter
         Hall of Boska Miskell, consultants to Department of Corrections as follows:

               “Craig has asked me to advise you the following in respect of the Kiwi
               Tamaki Road access to the proposed men’s prison:

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              1. Negotiations between Corrections and CYFS to secure access to Kiwi
                 Tamaki Road over the CYFS land are now well advanced.

              2. Corrections can now confirm that the principal operational and
                 construction access to the proposed men’s prison will be from Kiwi
                 Tamaki Road rather than Hautu Drive. Kiwi Tamaki Road, as the
                 principal operational access, will provide for staff, visitor, and delivery
                 vehicles to the men’s prison. Hautu Drive may be used as secondary
                 delivery access (not staff, visitors or primary delivery) however that
                 would be expected to be limited to the occasional goods delivery or
                 service vehicle. Both would remain as access options for emergency

              3. These changes will be confirmed to the Board of Enquiry hearing by

              Please call if you require any clarification.”

4.4      On the basis of the above undertaking we agreed to withdraw our submission of
         14 December and lodged a new submission in support of the proposal on 17
         December 2010.

4.5      However, when we received Corrections’ evidence on 27 January 2011, we
         were concerned to see that no mention is made of primary access being
         provided via Kiwi Tamaki Road and only secondary and emergency access
         being provided via Hautu Drive.


5.1      I request that if the amendment to the designation is to be confirmed, that
         conditions of the designation should require that Kiwi Tāmaki Drive is used as
         the primary access to the proposed prison facility and that Hautu Drive is only
         used as a secondary and emergency access as described in Mr Hall’s email.

David Beard

Dated: 11 March 2011

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