Family of Tom Phillips oppose documentary on fugitive case and children’s ordeal

By Sam Sherwood of RNZ

A crew has been following the hunt for the fugitive dad and his kids for more than a year, gaining exclusive access to the investigation.

The family of Tom Phillips have spoken for the first time since his death saying they’re “disturbed” by a documentary that’s being made about the case.

Tom Phillips died after a shootout with police after they were called to reports of a burglary early on Monday. A police officer was shot multiple times in the head and remains in hospital with significant injuries which police have described as “survivable”.

One of Phillips’ children, who was with him at the time, then began assisting police and said there were firearms at the campsite.

The campsite where Tom Phillips and his children were hiding. Photo / NZ Police

More than 12 hours later the remaining children were located in a remote campsite, deep in dense bush about 2km away from where Phillips was fatally shot.

Tom Phillips' campsite. Photo / NZ Police

A documentary crew has been following the disappearance of the Phillips family for most of the year, gaining exclusive access to the investigation.

In a statement to RNZ, Phillips’ sister Rozzi Phillips spoke out against the documentary.

“Our family is disturbed that anyone would want to profit from our tragedy. At this worst of times the children’s privacy must be protected. They should not be filmed. No footage of them should be published and their ordeal and recovery should not be used for entertainment.”

The mother of the Phillips children, Cat, has told Mata she does not support or consent to a documentary being made about the disappearance of Tom Phillips and the couple’s three children.

“We are aware of a documentary being produced about the ordeal my children have endured for nearly four years,” Cat told Mata.

A photo posted on social media by Cat of her and her three missing children during a visit to the park in November 2021 before they were taken by their father, Tom Phillips. Photo / Supplied to RNZ

“When informed of this project by the police, I made it absolutely clear that I do not support, endorse or consent to its production.

“My children and our whānau are navigating an experience few could ever imagine. Each day brings uncertainty, and our only wish is to move forward with privacy, healing, and dignity.

“We again wish to state unequivocally: We do not support, nor do we consent to, this documentary.”

On Wednesday, police’s executive of director media and communications, Claire Trevett, confirmed police had been followed by a film crew from NHNZ Productions with the Operation Curly team for most of this year. The documentary is being produced by Dame Julie Christie.

Dame Julie Christie is producing a Tom Phillips documentary. Photo / RNZ, Mark Papalii

“As with all documentary or reality tv filming inside our operations, we have formal agreements that give police final say over any broadcast content, with all filming required to comply with any court orders or privacy laws. This production is not allowed to be broadcast before the completion of any IPCA, Coronial or other inquiry.

“We have only agreed to the police participation in this work – and the production company is responsible for their own requests of any other individuals.”

Phillips had been evading police since December of 2021, with his three young children Jayda, 12, Maverick, 10, and Ember, 9.

Dame Julie Christie talking to Detective Senior Sergeant Andy Saunders in Marokopa. Photo / RNZ, Mark Papalii

The shootout

About 2.30am on Monday, police received a call from a Piopio resident to say they believed they were witnessing a burglary in action at PGG Wrightson.

The burglary involved two people on a quad bike dressed in farm clothing and wearing headlamps.

“Knowing the information that we had previously had that had seen Tom Phillips also in this area, additional staff were called out and responded to that location,” Deputy Police Commissioner Jill Rogers earlier told media.

Marokopa, a rural community in the Waitomo District where Tom Phillips and his children disappeared on December 9, 2021. Photo / RNZ, Robin Martin

A quad bike was seen leaving the area along the Waipuna Rd, a gravel road that intersects with Te Anga Rd, the main road leading back to Marokopa.

A constable then decided to lay road spikes at the intersection about 3.20am.

The quad bike then ran over the spikes, with the bike coming to a rest a short time later.

The constable, who was first on the scene, came across the bike and was confronted by gunfire at close range and shot in the head multiple times.

A police cordon in place close to the spot on Te Anga Road where Tom Phillips was shot dead by police on Monday. Photo / RNZ, Mark Papalii

“He was getting out of the vehicle and has fallen to the ground. He’s taken cover back in the vehicle,” Rogers said.

A second patrol car then arrived and “engaged” Phillips, who was shot and died at the scene.

One of Phillips’ children was then taken into custody uninjured.

A picture posted by Cat on social media which she says is the last birthday she got to celebrate with Jayda as a family. Photo / Supplied to RNZ

The officer was then flown to Waikato Hospital by the Westpac Rescue in a critical condition.

Once he arrived in hospital, he was conscious and was able to speak to some of his colleagues.

- RNZ