Inquiry into handling of the Tom Phillips case announced by government

The government has announced an inquiry into the handling of the Tom Phillips case by government authorities.

Phillips died following a shootout with police, when they were called to reports of a burglary in the early hours of 8 September, after 1358 days in the bush with his children.

Phillips shot a police officer several times during the shootout.

On Thursday, Attorney-General Judith Collins announced a public inquiry would be held into the disappearance of the Phillips children.

"The inquiry will look into whether government agencies took all practicable steps to ensure the safety and welfare of the Phillips children," Collins says.

"The decision to establish a public inquiry reflects the significant public interest and concern for the children's welfare over the almost four years they were missing.

"It is important that we establish the facts and determine whether agencies could take steps to prevent, or resolve similar situations more quickly and effectively in the future."

The terms of reference had been developed with the privacy and welfare of the children in mind. The inquiry would therefore be conducted in private and without public hearings.

Collins said the inquiry must also respect the independence of the courts and would not include findings on judicial decisions.

The Honourable Justice Simon Moore, KC, has been appointed as the sole member of the inquiry.

The inquiry would deliver a final report with recommendations by 21 July 2026.

An injunction preventing the media from publishing certain details related to the investigation into Phillips remains in place.

"It is important that we establish the facts and determine whether agencies could take steps to prevent, or resolve similar situations more quickly and effectively in the future."

The terms of reference had been developed with the privacy and welfare of the children in mind. The inquiry would therefore be conducted in private and without public hearings.

Collins said the inquiry must also respect the independence of the courts and would not include findings on judicial decisions.

The Honourable Justice Simon Moore, KC, has been appointed as the sole member of the inquiry.

The inquiry would deliver a final report with recommendations by 21 July 2026.

An injunction preventing the media from publishing certain details related to the investigation into Phillips remains in place.

Terms of reference

The terms of reference said the facts of the case were "exceptional, if not unique".

"However, the Government has decided that a public inquiry into what role government agencies played and could have played in these events is needed to establish whether government agencies could take steps to prevent, or resolve similar situations more quickly and effectively in future, and if so, how."

The matter of public importance the inquiry was directed to examine was whether government agencies took all practicable steps to protect the children's safety and welfare, and whether government agencies responded appropriately and in a timely way to locate the children once they disappeared.

The government wanted to ensure the welfare of the children was "not further threatened".

The inquiry was directed to inquire into the nature and extent of the involvement government agencies had with Phillips and the children, before and after their disappearance.

This included:

• legal options available to government agencies and the actions taken by government agencies relating to the care of the children, including whether and how such agencies engaged with the Family Court, both before and after September 2021, and whether more effective engagement might have occurred.
• what government agencies knew about Phillips and his activities, both before and after his disappearance in September 2021, until he was encountered by police in September 2025 and, based on that knowledge, what steps (if any) it would have been reasonable for government agencies to take, or that government agencies could or should have taken, to prevent the disappearance of Phillips and the children, or bring it to an end sooner.
• whether there are any practicable steps that government agencies should take to prevent similar situations from happening again or to protect children caught in such a situation.

It would also look into how Phillips obtained and maintained a gun licence, weapons and ammunition.

The government agencies included Oranga Tamariki, police and any other public sector that had an actual or potential role in proceedings before the Family Court in locating the children, or had a role or responsibility in respect of the children's safety or welfare during the period from 2018, until they were located.

Several matters were outside the scope of the inquiry, including government agency involvement with the children after they were found on 8 September.

The terms of reference said there had been "extensive litigation" in the Family Court involving the children, some of which was ongoing and under appeal.

"In undertaking its work, the Government expects and directs the inquiry to respect the independence of the courts, and not comment on or inquire into judicial decisions concerning the children, including suppression orders made in respect of the children."

The inquiry should make recommendations in relation to what steps government agencies should take in future situations, and whether there are appropriate powers and authorities in place to prevent or improve the response.

"To avoid doubt, recommendations may concern legislation, policy, rules, standards or practices relevant to the terms of reference."

Family's primary campsites

Last month, police released several photos of what are believed to be the family's primary campsites. Police had discovered two large, established and "heavily concealed structures" in recent weeks in dense bush surrounding Marokopa.

Detective Superintendent Ross McKay said inquiries to date indicated the Phillips family moved regularly between these sites, the makeshift camps near Te Anga Rd and other locations around Marokopa.

"For the last few weeks, police have been piecing together information and building a picture of Phillips' movements.

"What is now clear is that Phillips moved regularly from coast to farm to bush in a complex manner that meant he was unlikely to be stumbled across."

Local search and rescue staff located the new sites - one to the north of Marokopa, the other to the east - which included partially buried, semi-permanent structures concealed by large amounts of vegetation.

"Approaching Phillips in such circumstances would have been extremely dangerous.

"As we've said previously, we knew he had firearms and was motivated to use them."

Investigators had removed a significant number of items from the camps, all of which would now be forensically examined.

"This is a protracted and labour-intensive exercise that forms part of our ongoing enquiries to identify anyone who may have assisted Phillips.

"We continue to make good progress and believe he was assisted by a small number of people at different stages over the last four years."

All campsites had been cleared and police would not be releasing their specific whereabouts.

McKay earlier said the vast area in which Phillips kept the children was difficult, steep terrain almost completely obscured from all angles by dense bush.

"At various times during the operation, police specialist units such as Special Tactics Group, Armed Offenders Squad, Search and Rescue and Tactical Operations Group, were used."

Police also had support from the New Zealand Defence Force.

"Police never stopped trying - thousands of hours were dedicated to the search," McKay said.

"Intelligence played an important role in informing decisions and planning for possible outcomes.

"We also knew, based on previous actions and behavioural science analysis, that Phillips was unlikely to surrender easily and was prepared to put the children in harm's way.

"The primary objective was locating and returning the children safely."

Oranga Tamariki will co-operate with the inquiry, as requested.

"The wellbeing and best interests of the tamariki remains our priority," it said. "This includes respecting their right to privacy."

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