The inquiry would look into whether government agencies took all steps to ensure the safety and welfare of the children. Photo: Dean Purcell/New Zealand Herald via Getty Images
Attorney-General Judith Collins has defended the decision to not look into the Family Court as part of an inquiry into the handling of the Tom Phillips case.
It comes as Phillips' family say they "welcome" a public inquiry into the handling of the case by 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 during the event.
On Thursday, Attorney-General Judith Collins announced a public inquiry would be held into the disappearance of the Phillips children. She said the inquiry must also respect the independence of the courts and would not include findings on judicial decisions.
A spokesperson for the Phillips family released a statement to RNZ.
"We welcome any inquiry that helps ensure this never happens to another family ever again."
Speaking to Midday Report, Collins defended the decision to not include the Family Court's decisions.
"We are not following into a full inquiry into the entire family court. What we are looking at is what has happened in relation to the government agencies.
"This inquiry will be reporting midway through next year. We're not going on some three year look at the family courts, and the whole processes in there. It is important that we get some answers as to why this was able to occur and what steps were taken to bring in Phillips and those children."
Collins said the focus of the inquiry would be what government agencies roles were and how they operated in relation to Phillips and the "kidnapping of his children".
"It is, in fact, looking at the legal options available to government agencies and the actions taken by those government agencies relating to the care of the children, including whether and how such agencies engaged with the family court."
Asked whether there could be potential law changes, Collins said it was too early to say.
"I don't want to get ahead of myself on this. I think it's very important we let the inquirer get on with the job. But it is important to note that these children were essentially left with their father in the bush for around four years, and what they have been through is something nobody should have to go through, particularly children."
In a statement Collins said the inquiry would look into whether government agencies took all practicable steps to ensure the safety and welfare of the Phillips children.
"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.
Acting Deputy Commissioner Jill Rogers said in a statement police welcomed the announcement.
"We recognise the significant public interest in this matter and the decision that a robust and independent review is required," she said. "Police will participate fully."
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."
An injunction preventing the media from publishing certain details related to the investigation into Phillips remains in place.
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