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The Star 19<br />

News<br />

Latest Christchurch news at www.<br />

Police exercise $1 buy-back of software<br />

.kiwi<br />

Thursday March 16 2017<br />

NEW ZEALAND Police has<br />

taken up a $1 buy-back option<br />

for software it sold to failed developer<br />

Wynyard Group in 2012.<br />

Assistant commissioner Jevon<br />

McSkimming said in an emailed<br />

statement that the law enforcement<br />

agency had “exercised our<br />

right to buy back the IP rights<br />

for EVE (Environment for<br />

Virtualised Evidence)”. When<br />

Wynyard went bust five months<br />

ago NZ Police was undecided<br />

on whether or not to trigger the<br />

option.<br />

The agency developed the software<br />

in 2007 to help police build<br />

a virtual copy of seized electronics<br />

such as computers and mobile<br />

phones, which can then be<br />

searched without compromising<br />

the original evidence. Police sold<br />

it to Wynyard in 2012, which the<br />

software developer characterised<br />

as commercialising the product<br />

for export markets. No price was<br />

disclosed, though NZ Police’s<br />

2013 annual report, which covered<br />

the period, showed the sale<br />

of intangible assets generating a<br />

$36,000 cash flow.<br />

Wynyard appointed voluntary<br />

administrators last October<br />

when the board decided a $10<br />

million loan from shareholder<br />

Skipton Building Society or raising<br />

new debt or equity wasn’t in<br />

the best interests of the firm, its<br />

shareholders or other stakeholders.<br />

The administrators Neale Jackson<br />

and Grant Graham of KodaMentha<br />

generated just $2.8m<br />

from the sale of assets before<br />

they were appointed liquidators<br />

last month.<br />

The software developer’s insolvency<br />

triggered the NZ Police’s<br />

buy-back right for the intellectual<br />

property and any developments<br />

on the product, though<br />

Wynyard stopped investing in<br />

the digital forensics market in<br />

2016 after an operational review<br />

led to trimming back the business<br />

into two lines.<br />

Police had two contracts with<br />

Wynyard at the time of its failure<br />

INTEREST: Craig<br />

Richardson,<br />

former chief<br />

executive of the<br />

Wynyard Group<br />

– a software licence, maintenance<br />

and hosting agreement,<br />

and IP transfer for the EVE.<br />

Between 2012 and 2016 Wynyard<br />

was paid $7.2m by police, of<br />

which $3.4m was in 2014, former<br />

Police Minister Judith Collins<br />

said in a response to a written<br />

parliamentary question.<br />

Wynyard had won a contract<br />

to supply the Serious Fraud Office<br />

with its investigator product,<br />

however, when faced with significant<br />

technical problems the<br />

white-collar crime investigator<br />

lost confidence in the company<br />

and its services, and terminated<br />

the three-year contract a year<br />

early.<br />

The New Zealand Defence<br />

Force has been a smaller customer<br />

of Wynyard’s with minister<br />

Gerry Brownlee saying the firm<br />

had been paid $47,455 by the<br />

military since 2008.<br />

Korda Mentha’s reports show<br />

Wynyard (NZ), the firm’s local<br />

trading entity, had 108 priority<br />

creditors owed $2.1m as at<br />

February 8, and another 224 unsecured<br />

creditors owed $177.9m<br />

who ultimately voted to liquidate<br />

the group of companies. Wynyard<br />

Group, the parent company,<br />

owed ASB Bank $75,000, and<br />

had $209,000 of cash on hand at<br />

the time of Jackson and Graham’s<br />

appointment in October.<br />

They valued Wynyard (NZ)’s<br />

total assets at $24.9m, of<br />

which $15.9m was attributed<br />

to software assets, and $6m in<br />

related party receivables. Of the<br />

$179.9m in total liabilities, some<br />

$171m was owed to Wynyard<br />

Group, with $6.7m to other unsecured<br />

creditors.<br />

Among the creditors named<br />

in the reports was Callaghan<br />

Innovation, which provided<br />

about $830,000 in research and<br />

development grant funding to<br />

Wynyard. Of that, $681,000 was<br />

outstanding as at January 11<br />

under clawback provisions. NZ<br />

Police was also named as a creditor<br />

of the group.<br />

Wynyard was spun out of<br />

Christchurch’s Jade Software in<br />

early 2013 to free the intelligence<br />

software developer to pursue<br />

what had been rapid growth for<br />

the subsidiary. The IPO raised<br />

$65m for Wynyard, though the<br />

company only kept $26m to fund<br />

its growth ambitions, with the<br />

remainder paying out Jade for<br />

the intellectual property and covering<br />

outstanding debt.<br />

The split also included a services<br />

agreement where Wynyard<br />

would pay Jade for the sale and<br />

support of licences, managed<br />

services, development, consulting<br />

services and administrative<br />

support. The other leg of the deal<br />

would see Jade buy development<br />

services from Wynyard.<br />

– NZ Herald<br />

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