The documentary has already faced scrutiny from the media and the family of the Phillips’ children.
“I accept that there’s always going to be high public interest in how this unfolded. But that doesn’t mean that the police should take part in something that’s just going to prolong the trauma for the children, the family and people affected in the community,” he said.
Detective Senior Sergeant Andy Saunders (left), acting deputy commissioner Jill Rogers and media relations director Juli Clausen filmed by a documentary maker at the police checkpoint where Tom Phillips died. Photo / Michael Craig
He acknowledged police said they haven’t given the documentary crew access to film the children, but said that without the children, there is no story.
“The whole of New Zealand knows who the children are now. So by saying they’re going to, you know, select what is included, is kind of ridiculous, because everybody knows who they’re talking about.”
He said the two officers who confronted Phillips and were engaged in the standoff showed incredible courage.
“The stress that the local police would have been under for the last three and a half years would be massive, because at any moment, they knew that one of them could have stumbled across [Phillips].
“It’s time to let people heal, and that includes, particularly the children, but also the police involved.”
He worried people might be reluctant to talk to the police, fearing their story would be made into a documentary.
Letting the documentary makers into the cordon of an active investigation was unprecedented, the former detective said.
“They’re bending the rules, which wouldn’t normally be bent,” he said.
The police acting executive director for media and communications Claire Trevett said the focus of the documentary team for the past seven months has been on the work of the police investigation team responsible for finding Phillips and his children.
Police had never given the documentary crew access to film anything involving the children, nor had such access been sought, she said.
“The agreement with police specifies that, beyond photos already in the media, the children will not be identified on screen in the film.”
Trevett said this applies unless there is written consent from the children’s legal guardian and police.
Police also have final approval over the use of content, as is standard for all documentary or follow-TV agreements.
Trevett said this includes content that might affect victims, and content that might harm the children or members of the wider family.
Matters affecting privacy and youth issues are also included, and all filming is required to comply with court orders and laws, including privacy laws.
She confirmed police are not receiving any payment for participating.
The production is not allowed to be broadcast before the completion of any Independent Police Conduct Authority, coronial or other inquiries, Trevett said.
The full letter sent to police:
“I am gobsmacked and disappointed to learn today that NZ Police has been actively involved in the making of a documentary following the police investigation into the family disappearance in Marokopa. It appears that a persuasive television producer has persuaded NZ Police that this is a good idea. For a myriad of reasons, it is not.
“At the centre of this long ordeal are vulnerable children who have endured the most appalling experiences under the power and control of a criminal parent. Any decision on whether a documentary should be made or broadcast on public television can only be justified if it is in the interests of the children at the centre of it. I think it is unlikely that anyone could provide a compelling argument that the documentary will serve the children in any positive way.
“A ‘fly on the wall’ documentary will inevitably reveal police investigative techniques and this is likely to hinder future investigations.
“This isn’t Celebrity Treasure Island or Survivor NZ, this is real children trapped in the most appalling conditions. There is no doubt that the public find police investigations entertaining, but that doesn’t mean it should be packaged as entertainment, especially to the detriment of the children.”
Reality TV producer Dame Julie Christie and a cameraman at the scene of the Tom Phillips shooting and recovery of his children after a near four-year search. Photo / Mike Scott
Family backlash against documentary
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 RNZ Māori news podcast Mata that she does not support or consent to a documentary being made.
Reality TV producer Dame Julie Christie has defended the documentary, saying it follows the detectives tasked with the years-long search.
Herald NOW’s Ryan Bridge received a text from Christie that said she was abiding by the strict rules put in place by police.
“We have never asked to shoot anything with the children. We have been with the same small group of detectives only for the past seven months. We have not seen the children. We abide by strict police rules at all times.”
Jaime Lyth is a multimedia journalist for the New Zealand Herald, focusing on crime and breaking news. Lyth began working under the NZ Herald masthead in 2021 as a reporter for the Northern Advocate in Whangārei.