Media Wins Judicial Review in Tom Phillips Case Reporting Restrictions

Media organizations have successfully obtained a judicial review regarding reporting restrictions imposed in the case of Tom Phillips. Justice Layne Harvey has decided to remand the matter back to the Family Court for further consideration. Until a new order is issued, an existing injunction prevents the publication of additional case details.

In November, representatives from NZME and Stuff spent two days in the High Court at Hamilton, challenging stringent reporting restrictions initially imposed by Family Court Judge Garry Collin. These restrictions had already limited the dissemination of crucial information, and on September 15, further orders were enacted to tighten the scope of permissible reporting.

The judicial review granted by Justice Harvey marks a significant development in the case, though specifics remain confidential due to the ongoing suppression orders. Under the current restrictions, individuals involved in the Family Court proceedings, including representatives from NZ Police and Oranga Tamariki, are prohibited from disseminating any information that identifies or relates to the children involved.

The scope of the suppression orders is extensive. They prevent any media organization or publisher from sharing information or images related to the children, including any new photos or videos taken since December 9, 2021. Additionally, the orders prohibit the publication of any documentaries, films, or books that reference the children, as well as filming or photographing their residences or educational facilities.

These orders will remain in effect until either the Family Court or the High Court issues a new directive. Without further intervention, the restrictions will continue indefinitely.

In a separate but related matter, RNZ reported that a member of the police media team disclosed details about the incident leading to Tom Phillips’ death to a documentary crew before notifying his family. The police have since apologized to the family, acknowledging that the decision to inform the crew first was “ill-advised.”

The documentary team from NHNZ Productions had been closely tracking the search for Phillips and his children for over a year, securing exclusive access to the investigation. An Official Information Act request revealed that Phillips’ family was not informed of the incident until after 07:30, with the children’s mother being notified even later, after 08:00.

In a statement issued at 07:15, the police confirmed they were responding to a “serious incident in Western Waikato.” Following inquiries from RNZ regarding the prioritization of the documentary crew’s notification over family members, Acting Deputy Commissioner Jill Rogers expressed regret over the timing of the information disclosure. She emphasized that family members should always be advised first whenever possible.

The New Zealand government also announced an inquiry into the case last year, focusing on whether government agencies exercised all reasonable measures to safeguard the welfare of the Phillips children during the nearly four years they were missing. Attorney-General Judith Collins highlighted the inquiry’s aim to address “significant public interest” in the case and concern for the children’s welfare.