This inquiry centres on whether government agencies took all practicable steps to safeguard the safety and welfare of the Phillips children (the children).

Since 2018, the children have been the subject of proceedings in the Family Court about their care and contact arrangements.

Mr Phillips disappeared with the children in September 2021 and, despite searches, was not located. After reappearing, Mr Phillips was the subject of criminal charges.

In October 2021, the Family Court varied an existing parenting order to include conditions that Mr Phillips was to reside at a specified address.

On or about 9 December 2021, Mr Phillips left the address with the children and disappeared. A nationwide search to locate him and the children followed.

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 for Children as agent for the Family Court.

On 8 September 2025, after Police encountered Mr Phillips and one of the children, Mr Phillips shot and seriously wounded a Police officer. Mr Phillips was subsequently fatally shot by Police. The remaining children were located later that day.

On 9 and 15 September 2025, the Family Court made several orders in respect of these events, including orders prohibiting the publication of information about the children.

Subsequently, on 26 September 2025, the Family Court released a judgment declining to release any of the other judgments of the Family Court.

The facts of this case are exceptional, if not unique. However, the Government has decided that a public inquiry into what role government agencies played and could have played in these events is needed to establish whether government agencies could take steps to prevent or resolve similar situations more quickly and effectively in future, and if so, how.

It was apparent from occasional reported sightings of Mr Phillips and the children over the period from December 2021 until September 2025 that they were still in the Marokopa area, and that the children’s safety and welfare remained at risk, especially given the time that had elapsed since they had first disappeared.

The matter of public importance that the inquiry is directed to examine is whether—

In establishing this inquiry, the Government is concerned to ensure that the welfare of the children is not further threatened, and directs the inquiry to conduct its investigation and reporting having regard to this central principle.

The inquiry is directed to inquire into—

For the purposes of this inquiry, government agencies includes New Zealand Police, Oranga Tamariki—Ministry for Children, and any other public sector agency that—

The inquiry is not to inquire into government agency involvement with the children after they were located on 8 September 2025.

There has been extensive litigation in the Family Court involving the children and that litigation is ongoing or under appeal. There is also unresolved litigation brought by the news media seeking to challenge court-imposed restrictions on publication of matters relating to the children.

Given the importance of the matters in issue and the need for a timely report on those matters, the Government has decided that the inquiry should commence and report promptly. Some of the litigation referred to above may still be unresolved while the inquiry is underway or before it reports.

In undertaking its work, the Government expects and directs the inquiry to respect the independence of the courts and not comment on or inquire into judicial decisions concerning the children, including suppression orders made in respect of the children.

The inquiry is not to inquire into legislative, administrative, and policy settings for the New Zealand firearms licensing system.

In accordance with section 11 of the Inquiries Act 2013, the inquiry has no power to determine the civil, criminal, or disciplinary liability of any person but may, in exercising its powers and performing its duties, make findings of fault or recommendations that further steps be taken to determine liability.

In the course of its work, the inquiry will consider available and relevant documentation from government agencies and will obtain necessary evidence from agency officials and other relevant witnesses.

In order to ensure the privacy and welfare of the children is not harmed and to respect court suppression orders, the inquiry is directed to undertake its inquiry in private and not to conduct public hearings.

The Government does not expect that the inquiry will need to obtain evidence from overseas or from expert witnesses. If such evidence is required to address the terms of reference, for example, in order to assess government agencies’ response to the disappearance, the inquiry may seek evidence from overseas but will do so without travelling itself and by seeking and obtaining such evidence in writing or via video conference.

The inquiry will restrict access to inquiry information (including evidence, submissions, rulings, hearing transcripts, and the identity of witnesses or other persons) where such steps are required—

The inquiry may take account of the outcome of any other investigation or review into these matters, to the extent it is relevant to the inquiry’s terms of reference, including any relevant report of the Independent Police Conduct Authority, but is not bound in any way by the conclusions or recommendations of any such investigation.

The inquiry may consult with other agencies or entities, including the Independent Police Conduct Authority, if it considers such consultation will assist it to deliver its report.

The inquiry should make findings about whether government agencies took all practicable steps to protect the privacy and welfare of the children, including whether agencies—

The inquiry should make recommendations about practicable steps that government agencies should take in future situations of a similar nature.

The inquiry should make recommendations about whether there are appropriate powers and authorities in place that might prevent or improve the response to similar situations in future.

To avoid doubt, recommendations may concern legislation, policy, rules, standards, or practices relevant to the terms of reference.

The inquiry report and recommendations will respect the privacy and welfare of the children, and relevant court decisions including suppression orders.

The Honourable Justice Simon Moore, KC is appointed as sole member of the inquiry.

The inquiry commences the day after the establishment of the inquiry has been notified in the Gazette and may begin considering evidence on 21 January 2026.

The inquiry must deliver its final report by 21 July 2026.

For the purposes of section 4 of the Inquiries Act 2013, the Attorney-General is the appropriate Minister and the Department of Internal Affairs is the relevant department for the inquiry and responsible for administrative matters relating to the inquiry.

The inquiry will assist the relevant department in its role by providing administrative and financial reports as required.