The name of the agreed global platform has been redacted from the contract, released to the NZ Herald under the Official Information Act.
“The police have the right to preview the documentary before it is screened and the producer shall amend/edit the documentary to accord with any concerns expressed by police regarding issues of security, sensitivity, privacy, any relevant orders of any court and any other matters set out in this agreement,” says the document, titled ‘Operation Curly access agreement’.
The documentary is not expected to screen until 2027 at the earliest. The agreement, signed in March, specifies that it will not be released prior to the recovery of the Phillips children and the resolution of any applicable court proceedings.
The contract states the documentary is confined to Operation Curly and the search for the Phillips children – the producers will “seek the agreement of individual family members to participate” and “will keep police informed of their arrangements”.
The Phillips children were found in early September, after being missing with their father for four years. The saga ended when Tom Phillips was shot and killed in an early morning shootout with police.
The documentary contract contains standard legal terms and conditions, including ensuring that it complies with any court orders, and has the permission of those being interviewed.
Producers have to abide by police requests, directions and instructions while under operational conditions, and police can terminate access at any time.
But police representatives will also be previewing the documentary, and can make changes.
“The producer will provide an opportunity for nominated representatives of the police to meet with the producers at a time convenient to the police to preview an offline edit of the documentary at a suitable point of production when the treatment, style, and content are clearly apparent, and editing changes to the documentary can still be achieved,” says the contract.
“The police will identify to the producer any concerns they have with the offline edit of The Marokopa Project documentary and subsequent iterations of the documentary at the earliest reasonable opportunity.
“The police will confine any editorial concern it may have to the specific content of The Marokopa Project and to any matters identified in this agreement, including:
“Any material that relates to matters of security; matters which could jeopardise a police investigation, operation, or the safety of any person; matters that affect the ability to subsequently conduct a fair trial; matters which may affect the integrity or legal liability of the police or bring the police into disrepute, including compliance with Family Court orders or any orders of any other court; matters affecting the privacy of any person, including the interests of a deceased person.
“Victim issues where appropriate, including the views of the family, specifically where matters may speak to harm caused to the Phillips children and/or harm caused to members of their wider family, consequent on the documentary being broadcast; youth and family harm issues.”
The contract states that, “in the event of a dispute as to the factual accuracy of the content of the documentary, the decision of the police shall be binding on the producer”.
This is notwithstanding clauses which allow for mediation on any matters.
The documentary
Christie and her production crew have received exclusive access behind police cordons as officers investigated Phillips’ four years on the run and the shootout that led to his death.
Her documentary came under media scrutiny earlier this year about whether it should even proceed – and if police should have continued to give exclusive access to producers in light of the shootout.
Dame Julie Christie is producing a Tom Phillips documentary. Photo / RNZ, Mark Papalii
“I think this documentary needs to be killed off immediately,” Newstalk ZB host Heather du Plessis-Allan said at the time, raising concerns around Phillips’ children.
Christie herself was at the cordoned-off scene of the Phillips confrontation in Waikato, alongside several members of her documentary crew, including at least one camera operator and former TV3 journalist Karen Rutherford.
One journalist told Media Insider at the time that members of the crew had been allowed through the cordon and, for at least two hours, were working at the scene where Phillips shot a police constable at close range, before the father-of-three was shot dead by other officers.
The crew had also been given up-close, exclusive access to senior officers during the day, the journalist said.
In a text message to the Herald in September, Christie said, “I’ve been doing police follow docs for 32 years. We’ve been working on this one all year and through much of the investigation. It’s really important to me.”
She did not respond to a follow-up question at the time about whether the documentary was for Netflix.
Christie is one of New Zealand’s most successful business leaders – a former newspaper sub-editor who later developed her own television company (Touchdown) and took many of her reality TV hits, including Treasure Island, to the world.
There was growing irritation among some media representatives on the ground in Waikato in September, concerned about the access that Christie and her crew were receiving.
“The kind of talk that’s happening between all the reporters is why is this allowed to happen?” said one journalist. “We’re here for the public interest. They’re there to make money. Why would the police be giving them such access? Maybe it’s because the police are able to control the narrative somewhat.”
That comment appears to be borne out by the contract.
It states that the police executive director of communications and the investigation head (or their nominated representatives) have the final approval rights, prior to public release.
“The police viewing committee has the right to require changes to the content of the documentary where editorial concerns are identified, or they consider the provisions of this agreement have been or will be breached,” says the contract.
“The producer will carefully consider all matters identified by the police and shall follow the directions of the police viewing committee to amend the producer’s offline edit.
“For the avoidance of doubt, no additional footage shall be added to The Marokopa Project documentary after agreement has been reached on an offline edit without the prior written consent of the police viewing committee after viewing that additional footage …”
Editor-at-Large Shayne Currie is one of New Zealand’s most experienced senior journalists and media leaders. He has held executive and senior editorial roles at NZME including Managing Editor, NZ Herald Editor and Herald on Sunday Editor and has a small shareholding in NZME.