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You can read the full report at the bottom of this page.
A public inquiry into the handling of the Tom Phillips case says the harm he caused in isolating the children as well as concerns from the maternal whānau were “minimised or overlooked by agencies for significant periods”.
It also says that while agencies worked well together at times a more consistent and collaborative interagency approach “could have prevented the children’s disappearance and brought them back sooner”.
The Government has apologised to the Phillips children for failing to protect them.
“For that we are deeply sorry”.
The Government, Police and Oranga Tamariki (OT) have accepted the findings and recommendations, with OT’s chief executive calling the report “difficult and at times harrowing reading”.
“It identifies opportunities that were missed to keep these children safe.”
Phillips died following a shootout with police after they were called to reports of a burglary in the early hours of 8 September 2025.
He had spent 1358 days in the bush with his children by that point and shot a police officer several times during the confrontation.
In November, former Attorney-General Judith Collins announced an inquiry into the handling of the Phillips case by authorities and whether all “practicable steps” were taken to ensure the safety and welfare of the Phillips children as well as whether they responded appropriately and in a timely way to locate the children once they had disappeared.
The Honourable Justice Simon Moore KC was appointed as the sole member of the inquiry.
The final report was released on Tuesday.
Phillips disappeared with his three children in September 2021 and did not return for 18 days, despite extensive searches. Upon reappearing, Phillips was charged with wasting police resources.
Police also made a report of concern to Oranga Tamariki (OT), which the report says was “detailed and made promptly”.
“Yet, it lacked key and critical explanations for the concerns it raised. police, at that time, appeared to consider that Tom Phillips had staged his and his children’s death by how he had left the ute on the beach. They were also seriously concerned that he might take the children away again. These concerns were not sufficiently conveyed to Oranga Tamariki.”
Moore KC said OT acted promptly on the report of concern and conducted a home visit within a matter of days.
“However, in assessing the question of risk posed to the children by Tom Phillips, Oranga Tamariki appeared to be largely dismissive of multiple concerns raised by the maternal family.”
On October 6, 2021 OT reported to the Family Court that the children were “completely fine” and that, in the circumstances there may not be need for further OT involvement.
“Oranga Tamariki did not inform the Court of the concerns of the maternal family, or the ongoing police investigation and concerns. It should have.
“Had police and Oranga Tamariki worked more closely and collaboratively during this early stage, the taking of the children by Tom Phillips a second time could have been prevented or, at least, made more difficult.”
Moore KC also said that during this time the Ministry of Education and Education Review Office could have also made inquiries of Phillips and his “ongoing suitability to home educate the children.”
On or about 10 December 2021, Phillips again disappeared with the children.
The report said police did not initially launch a search and rescue response or a Criminal Investigation Branch (CIB) investigation as occurred following the first disappearance.
“Intentionally they adopted a low-key approach by engaging with the local community. This strategy appears to have been predicated on the misconceived view that there were no concerns for the children’s welfare, despite their isolation in dense bush segregated from family and friends.
“This view also overlooked information police held suggesting that Tom Phillips was highly motivated to keep the children hidden to avoid the Family Court proceedings.”
Moore KC said the approach led police to miss “key opportunities early in the disappearance” to identify or discover evidence that may have led to the children’s earlier recovery.
“Instead, police should have developed a proactive investigation strategy, including more Criminal Investigation Branch staff, and a police-led multi-agency response from the outset.”
He said that extensive resources and investigative skills were applied to the task of trying to locate the children during the second disappearance.
“Police deployed a wide range of investigative methods, techniques and technologies, including area canvassing, public appeals, the offer of a reward, searching and clearing locations of interest, aerial searches, and electronic surveillance.
“And police took prompt and targeted steps, together with NZDF, in response to, and following, the October 2024 and April 2025 sightings.”
Moore KC said some steps could have been taken earlier, including obtaining surveillance device warrants before August 2023, earlier use of covert intersection and road cameras and offering a reward prior to June 2024.
The report also referred to “avoidable delays” in identifying information including a member of the public calling police in May 2023 with a “credible sighting” of Phillips and the children.
“But police delays meant this sighting was not properly followed up in a timely way.”
Police also “could and should have” linked the May 2023 Te Kūiti bank robbery to Phillips “much more promptly than they did”. It took the police about three months.
Moore KC said OT could also have done more, and should not have closed the report of concern in February 2022.
“It did so in the face of compelling concerns raised by the children’s older sisters as to the risk and harm to the children of being isolated from family and society.”
The agency should also have maintained communication with police, particularly in relation to the risks posed to the children, Moore KC says.
“This would have better informed the police response, and the urgency required in recovering the children. Oranga Tamariki should also have informed the Family Court of the risks to the children.”
The inquiry also looked at how Phillips obtained and maintained a gun licence, weapons, and ammunition.
Moore KC said police did not take all practicable steps to respond to allegations by Phillips’ former partner about firearm safety in early 2021.
“Police did not, but should have, identified and seized firearms after his licence was suspended and considered Tom Phillips’ access to other firearms in the home where he was required to reside. Those additional steps could have contributed to recovering the children sooner.”
Moore KC made nine recommendations including that police review their existing policies and practices regarding making reports of concern to OT and that Oranga Tamariki ensured that police concerns and evaluations are “understood rather than listed”.
It is also recommended that Oranga Tamariki review the role and operation of s 132 (Care of Children Act) reports, in terms of scope, guidance, and facilitation of its interaction with the Family Court.
He also recommended that the Ministry of Education requires additional information when considering applications for, or reviewing, exemptions from enrolment and that the Ministry requires consent from all parents and guardians for exemption.
Oranga Tamariki have also been urged to use “the insights arising from this Inquiry to strengthen its practice guidance and training”.
‘We are deeply sorry’
Senior Minister Louise Upston, who is leading the Government’s response to the inquiry, said agencies underplayed or overlooked the harm caused by Phillips isolating the children and missed “significant opportunities” to intervene.
The concerns of their maternal whānau were also repeatedly minimised as part of a parenting dispute.
“To the Phillips children directly, this report has found that our agencies did not take all practical steps to protect you,” she said.
“For that we are deeply sorry.”
The Government has accepted all nine recommendations from the inquiry, with police and other agencies already changing policies in response.
OT chief executive Amanda Malu said the agency accepted the findings and recommendations with changes underway.
“This report makes for difficult and at times harrowing reading,” she said.
“It identifies opportunities that were missed to keep these children safe.”
“I would particularly like to acknowledge the courage shown by the children’s mother and older siblings, we did not listen in the way we should have, and this family deserved better from us.”
Malu said OT was taking “immediate action” to address the issues identified and “strengthen practice across the organisation”.
“I am heartened to read that from 2023 the actions of our staff in relation to this case were commended, especially on the day the children were found.”
“However, some of our actions before that time fell short of my expectations.”
Changes made including better information sharing and collaboration with police.
“The Police Commissioner and I are united in our resolve to ensure our agencies are working closely together when it comes to the safety and wellbeing of children.”
Police Commissioner Richard Chambers said in a statement police also accepted the findings and recommendations.
“As the Inquiry noted, this was a complex and unique situation and the investigation was undertaken in a very physically challenging environment over nearly four years.
“While the report acknowledges this specific situation is unlikely to be repeated, the findings will be valuable in assessing whether relevant processes and policies are fit for purpose.”
Chambers said he would work with Malu to “ensure the recommendations are actioned, especially as they relate to information-sharing and inter-agency cooperation”.
“Police acted commendably by making a report of concern to Oranga Tamariki.
“However it is clear there were gaps in information-sharing and follow-up discussions. That is a joint responsibility, and it is important we get that right.”
Chambers said the inquiry also made it clear that in the initial stages the police investigation was “not given the focus and resource it required”.
“As the Inquiry outlines, police did put significantly more resource into the investigation once it became apparent how determined Tom Phillips was to remain hidden. It is now clear that should have happened earlier.
“The issues identified in this report should not detract from the commitment of police staff who put everything they had into trying to find and safely return the children over nearly four years.”
Chambers said the inquiry also recognised that “overall we tried every operational tactic available to us”.
“We appreciate the acknowledgement of the risks staff faced and the courage shown by police staff involved in the search and on the night Tom Phillips was shot and the children were safely recovered.”
Actions were underway to address the recommendations from the inquiry, including updating the Child Protection Protocol and the Police Missing Persons policy.
Police Minister maintains confidence
Police minister Mark Mitchell said he maintained confidence in police despite the findings of the report.
“The report shows that there was missed opportunities in terms of sharing information,” he said.
“But no one can determine if any of those missed opportunities would have had a different outcome.”
On accountability, Mitchell was asked why no one at Oranga Tamariki or police had offered their resignation, or been held to account.
Mitchell said in terms of police he had “changed the entire executive”.
“The entire executive was gone, and we have a new commissioner in place.”
In contacting those affected, Mitchell said the prime minister had called the injured police officer on Monday night. Mitchell has previously met with the officer and his family, he also noted the commissioner had called the officer too.
Upston was reaching out to the family affected, he said.
Labour’s Kieran McAnulty said what happened was “clearly appalling”.
“Everybody has followed this case in detail right throughout, and the fact that there were children involved and children’s well-being clearly being impacted here, everyone will be appalled by that.”
McAnulty welcomed the government’s signal it was going to follow through with the recommendations.
“It’s the only appropriate thing for us to do, is to signal that we’d support them in that.”
Green Party co-leader Marama Davidson said she had “massive questions” about the way the mother of the children was treated, as well as how agencies were treating the children.
“I want to see answers as to why Cat [Christey] was not taken seriously,” she said, about the mother of the children.
“As a former violence prevention minister, I understand the long problem of agencies not talking to each other and not working together.”
She said Te Aorerekura, the violence elimination strategy, offered a “pathway to try and fix that”, and she was disappointed the government had not prioritised it.
Te Pāti Māori co-leader Debbie Ngarewa-Packer said there were “judgements made” by the government and police about whether concerns from the mother of the children were valid or not.
“What we’ve seen is monstrous behaviour (from Phillips),” Ngarewa-Packer said.
She said if there’d been a more objective approach from the police in the beginning, the result might not have been “as horrific” as it was.
Nā Sam Sherwood nō RNZ.
