Legal Battle Continues Over Media Restrictions in Tom Phillips Case

A legal hearing is currently challenging extensive restrictions on media reporting regarding the investigation into Tom Phillips, who died in a police shootout on September 8, 2023. Phillips had been living in remote bushland with his three children after disappearing in December 2021. The restrictions, sought by Phillips’ mother through her lawyer, Linda Clark, prevent media outlets from publishing specific details related to the case.

On the morning of September 8, police responded to reports of a burglary in the Waikato township of Marokopa, which led to the fatal confrontation. Following this incident, Justice Helen Cull of the High Court in Wellington granted an urgent injunction restricting details of the case. The hearing continues today in the Hamilton High Court, where media are allowed to report only the fact of the hearing and its relation to existing reporting restrictions, including those imposed by the Family Court.

In the wake of these events, the government announced an inquiry into how authorities handled the case, focusing on whether all “practicable steps” were taken to ensure the safety and welfare of the Phillips children. A government spokesperson emphasized the importance of establishing the facts to prevent similar situations in the future. The inquiry will be conducted privately to protect the children’s privacy and welfare.

A spokesperson for the Phillips family expressed their support for the inquiry, stating, “We welcome any inquiry that helps ensure this never happens to another family ever again.” The inquiry will be led by the Honourable Justice Simon Moore, who is expected to deliver a final report and recommendations by July 21, 2026.

Family Court Injunction Details

On September 15, a second injunction was granted in the Family Court in Hamilton. A redacted version of Judge Garry Collin‘s judgment highlighted the significant public interest in the welfare of the Phillips children. Judge Collin stressed that it is not in the children’s best interests for their experiences to be subject to public scrutiny.

He noted, “They should not be the subject of speculation, nor is it in their welfare and best interests that any information is released.” The judge underscored the need for the media and public to respect the children’s right to privacy, stating that their experiences should not be disclosed without their consent.

The judge also remarked that without the children, the public interest in Phillips would be minimal. “This story is not about Mr. Phillips, but about his children,” he stated. He affirmed the court’s role as the “guardian of the children,” comparable to that of a responsible parent, insisting on the necessity of protecting their identities and personal histories.

Judge Collin’s decision included interim orders that restrict the publication of any material relating to the children, including documentaries, films, or books. He acknowledged potential jurisdictional issues regarding the Family Court’s authority compared to the High Court but opted to defer those matters for future resolution.

As the legal proceedings continue, the focus remains on ensuring the safety and welfare of the Phillips children, with significant implications for media practices and reporting restrictions in similar cases.