Inquiry into Phillips children’s disappearance announced: What will be investigated

Justice Simon Moore will lead the inquiry. Photo / NZME

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.

Police Acting Deputy Commissioner Jill Rogers said police welcomed the inquiry.

“We recognise the significant public interest in this matter and the decision that a robust and independent review is required. Police will participate fully.”

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:

Legal options available to government agencies and the actions they took relating to the care of the children, including whether and how such agencies engaged with the Family Court before and after September 2021, and whether more effective engagement might have occurredWhat government agencies knew about Phillips and his activities before and after his disappearance in September 2021 until his death in September this year and, based on that knowledge, what steps (if any) it would have been reasonable for those agencies to take, or that they could or should have taken, to prevent the disappearance of Phillips and the children or bring it to an end soonerWhether 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.

The inquiry can also look into how Phillips obtained and maintained a gun licence, weapons and ammunition.

Tom Phillips’ campsite was hidden in deep bush but not far from the main road.

For the purpose of the inquiry, a government agency includes police, Oranga Tamariki and any other public sector agency that:

Had an actual or potential role to play in proceedings before the Family Court in respect of the children Had an actual or potential role in locating the children after their disappearanceOtherwise had a role or responsibility in respect of the children’s safety or welfare from 2018 until they were located.

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.