Public and Government Inquiries
About the Inquiry
Purpose of the Inquiry
Mr Tom Phillips, the father, disappeared with three of his children in September 2021 and was not located despite searches. Upon reappearing, Mr Phillips was the subject of criminal charges.
On or about 9 December 2021, Mr Phillips again disappeared with the children. A nationwide search to locate him and children followed.
On September 8, 2025, Police encountered Mr Phillips and one of the children. Mr Phillips shot and seriously wounded a Police Officer and was subsequently fatally shot by Police. The remaining children were located later that day.
Since 2018, the children have been the subject of proceedings in the Family Court. In August 2023, the Family Court made an order under the Care of Children Act 2004, placing the children in the guardianship of the Family Court and appointing the Chief Executive of Oranga Tamariki | Ministry of Children as agent for the Family Court.
The inquiry examines whether government agencies could have taken more effective steps to safeguard the safety and welfare of the children of Tom Phillips, and whether agencies responded appropriately and in a timely way to locate the children once they had disappeared.
The Inquiry will establish if government agencies could prevent or resolve similar situations more quickly and effectively in future. In carrying out its work, the Inquiry will ensure that the welfare of the children is not compromised or threatened. It will conduct its investigation and reporting according to this central principle.
Terms of Reference
Member of the Inquiry
Honourable Justice Simon Moore, KC is appointed as the sole member of the Inquiry.
Simon’s legal career spans four decades. He has served as Judge of the High Court for 11 years, including six as Executive Judge for Auckland. He has also operated as Crown Solicitor for Auckland. He was appointed Silk in 2008.
Following retirement from the High Court in 2024, Simon was appointed Chair of the Electoral Commission | Pou Kaiāwha Kaitiaki Take Kōwhiri, and serves as President of the Hearing Research Foundation.
How the Inquiry will do its work
The Inquiry will begin considering evidence on 21 January 2026.
- Minute 1 – Conduct of the Inquiry (PDF, 236KB)
Progress Update from the Inquiry
18 December 2025
On 27 November 2025 the Government announced the establishment of a Public Inquiry into the Disappearance of the Phillips children.
The Secretariat for the Inquiry is currently being established and the Inquiry is planning its approach to its work. XX has been appointed as the Executive Director heading the Inquiry’s Secretariat.
The Inquiry’s Terms of Reference provides that the Inquiry may begin considering evidence on 21 January 2026.
Over the coming months the Inquiry will share more information on how it plans to operate. The Inquiry will deliver its final report by 21 July 2026.
Questions and Answers
Why is a Public Inquiry needed?
Government has decided a public inquiry into what role government agencies played and could have played in these events is needed, to establish whether relevant agencies could take steps to prevent or resolve similar situations more quickly and effectively in future, and if so how.
Public inquires usually address a particularly significant issue that carries a high level of concern to the public and to Ministers. The Government considers that the Inquiry into the Disappearance of the Phillips Children aligns with this view.
What will the Inquiry do?
The Inquiry will make findings and provide recommendations.
The findings will concern whether agencies took all practicable steps to protect the privacy and welfare of the children, including whether agencies:
- engaged appropriately with the Family Court; and
- took all practicable steps to find and recover the children.
The Inquiry must make recommendations about:
- practicable steps that government agencies should take in future situations of a similar nature.
- whether there are appropriate powers and authorities in place that might prevent, or improve the response, to similar situations in future.
The Inquiry report and recommendations will respect the privacy and welfare of the children, and relevant Court decisions including suppression orders.
Will there be public hearings?
The Terms of Reference for the Inquiry have been developed according to a central principle of protecting the privacy and welfare of these especially vulnerable children. The Inquiry will not conduct any public hearings or consultation process.
Will the public get an opportunity to participate?
An email address will be available after 21 January 2026 for any queries from the public.
Will the Inquiry consider other reviews?
Yes, where these will assist it to deliver its report.
The Inquiry is not bound by the conclusions or recommendations of any other investigation, report, or review.
What is the Inquiry not permitted to look at?
The Inquiry’s Terms of Reference lists the matters that are outside its scope. These include not inquiring into:
- government agency involvement with the children after they were located on 8 September 2025,
- legislative, administrative, and policy settings for New Zealand’s firearms licencing system, and
judicial decision decisions concerning the children, including suppression orders made in relation to the children
Contact the Inquiry
An email address will be available shortly for any queries from the public.
In the interim, any questions should be directed to the Executive Director at anita.balakrishnan@dia.govt.nz.
