Police at one of the bush campsites where Tom Phillips (inset) and his three children were believed to have stayed. Photo / Dean Purcell
An inquiry announced this morning will investigate whether government agencies took all practicable steps to protect the safety and welfare of the three Phillips children.
Attorney-General Judith Collins announced the inquiry, saying it reflected the “significant public interest” in the case and “concern for the children’s welfare over the almost four years they were missing”.
Tom Phillips vanished in December 2021 with his three young children from Marokopa, on the Waikato coast. After years of searching for the family, police killed Phillips in a shootout on September 8 this year, during which an officer was also critically injured.
One of his children was with him when he died, and the other two were found alone at a campsite later that day.
Collins said the inquiry would “establish the facts and determine whether agencies could take steps to prevent or resolve similar situations more quickly and effectively in the future”.
The inquiry will be led by Justice Simon Moore, KC, who served as a judge of the High Court for 11 years and is currently the chairman of the Electoral Commission.
The Government is expecting a final report with recommendations by July 21 next year.
The terms of reference for the inquiry have also been announced, with the Government saying they were developed with “the privacy and welfare of these especially vulnerable children in mind”.
“The inquiry will therefore be conducted in private and without public hearings. It must also respect the independence of the courts and will not include findings on judicial decisions.”
The terms of reference note that, since 2018, the children “have been the subject of proceedings in the Family Court about their care and contact arrangements”.
“Mr Phillips disappeared with the children in September 2021 and, despite searches, was not located. After reappearing, Mr Phillips was the subject of criminal charges.
“In October 2021, the Family Court varied an existing parenting order to include conditions that Mr Phillips was to reside at a specified address.”
On or about December 9, Phillips disappeared again with the children.
“In August 2023, the Family Court made an order under the Care of Children Act 2004 placing the children in the guardianship of the Family Court and appointing the chief executive of Oranga Tamariki/Ministry for Children as agent for the Family Court.”
After Phillips was shot and his children found, the Family Court on September 9 and 15 “made several orders in respect of these events, including orders prohibiting the publication of information about the children”.
“Subsequently, on 26 September 2025, the Family Court released a judgment declining to release any of the other judgments of the Family Court.”
Within the scope of the inquiry is the nature and extent of government agencies’ involvement with Phillips and the children before and after their disappearance.
This includes:
The inquiry can also look into how Phillips obtained and maintained a gun licence, weapons and ammunition.
For the purpose of the inquiry, a government agency includes police, Oranga Tamariki and any other public sector agency that:
Outside the scope of the inquiry is any government agency involvement after the children were found.
On this, the terms of reference say: “There has been extensive litigation in the Family Court involving the children, and that litigation is ongoing or under appeal. There is also unresolved litigation brought by the news media seeking to challenge court-imposed restrictions on publication of matters relating to the children.
“Given the importance of the matters in issue and the need for a timely report on those matters, the Government has decided that the inquiry should commence and report promptly. Some of the litigation referred to above may still be unresolved while the inquiry is under way or before it reports.
“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 is not to inquire into legislative, administrative and policy settings for the New Zealand firearms licensing system.
“In accordance with section 11 of the Inquiries Act 2013, the inquiry has no power to determine the civil, criminal or disciplinary liability of any person but may, in exercising its powers and performing its duties, make findings of fault or recommendations that further steps be taken to determine liability.”
Jamie Ensor is a senior political reporter in the NZ Herald press gallery team based at Parliament. He was previously a TV reporter and digital producer in the Newshub press gallery office. He was a finalist this year for Political Journalist of the Year at the Voyager Media Awards.