Mahvash Ikram
Retired High Court Judge Simon Moore KC is to conduct a ‘public’ inquiry into the abduction of the Phillips children.
The inquiry was announced on Thursday by Attorney General Judith Collins KC and Moore will deliver his report by 21 July 2026.
It will be held behind closed doors with no media nor members of the public present.
“The decision to establish a public inquiry reflects the significant public interest and concern for the children’s welfare over the almost four years they were missing,” Collins said.
“It is important that we establish the facts and determine whether agencies could take steps to prevent or resolve similar situations more quickly and effectively in the future.”
Moore’s terms of reference include a consideration of whether the authorities, such as the police and Oranga Tamariki, took all practicable steps to ensure the safety and welfare of the children.
But he is barred from considering any related Family Court proceedings or decisions, suppression orders, or any agency involvement after the children were found on 8 September.
According to its terms of reference, the inquiry must respect the independence of the courts and will make no findings on judicial decisions. An injunction preventing the police and Oranga Tamariki from disclosing certain details about their investigations remains in place.
Nor can Moore inquire into broader firearms-licensing policy. Consistent with the Inquiries Act 2013, he cannot determine civil or criminal liability but may make findings of fault and recommend further steps.
He may consult with the Independent Police Conduct Authority and consider any relevant external reviews but is not bound by them.
Tom Phillips died in a shootout with police after reports of a burglary in the early hours of 8 September. He had been in the bush with his children for 1358 days.
What it will consider
The inquiry will scrutinise agency involvement dating back to 2018, when Family Court proceedings about the children’s care were first filed..
It will investigate whether agencies, including police, Oranga Tamariki and any other public sector bodies with a role in the children’s safety took all reasonable steps to prevent their disappearance in 2021, whether they responded appropriately and in a timely way to locate the children and whether they engaged effectively with the Family Court before and after the disappearance.
It will also review what agencies knew about Phillips’ activities between 2021 and 2025, the legal options available to them and whether additional or more effective actions could reasonably have been taken.
The inquiry must also determine how Phillips obtained and kept firearms and ammunition.
Phillips first disappeared with the three children in September 2021 and then reappeared briefly. He then disappeared with them again from a court-mandate address in December 2021, triggering a nationwide search.
In August 2023, the Family Court placed the children under the court’s guardianship and appointed Oranga Tamariki as the agency designated to carry out guardianship responsibilities.
In September 2025, the police were called to a burglary where they encountered Phillips and his eldest daughter. Phillips shot and seriously injured an officer before being fatally shot himself. The remaining children were found later that day at another location.
The Family Court Secrecy Act in full force as usual.