Tom Phillips' gun licence revoked months before second disappearance

6:58am
Tom Phillips had a number of campsites in the Waikato bush.

Police records show fugitive father Tom Phillips' firearms licence was suspended just weeks after his first disappearance in 2021, and later revoked when he was deemed "not a fit and proper person" to hold a gun.

The information, released to RNZ under the Official Information Act (OIA), is among the only new details police have been willing to release about Phillips' interactions with authorities ahead of a public inquiry into the case.

Phillips died on September 8 following a shootout with police, after nearly four years in the bush with his children.

The disappearance was his second — he first went on the run with the children in September 2021. His Toyota Hilux was found abandoned at Kiritehere Beach, keys under the mat, car seats in the back, parked below the high tide mark and being pummelled by waves. Authorities searched land, air and sea but found no trace.

On September 30, Phillips and the children reappeared in Marokopa, claiming they had camped in dense bush for the 19 days they were missing. He disappeared again in December that year.

Police suspended and later revoked his firearms licence

According to the documents, police suspended Phillips' licence on October 11, 2021 and formally revoked it on January 5, 2022. The decision was made on the grounds that he was no longer considered fit and proper.

Phillips had first received his firearms licence in 2003, and renewed it in 2013.

Police would not release any information about the reasons behind their decisions to suspend, then revoke the licence, the risk assessments that informed them, or any related notices or internal communications.

All such material was withheld under section 9(2)(ba) of the OIA, which protects information provided in confidence "or which any person has been or could be compelled to provide under the authority of any enactment".

It is also unclear what action was taken around any firearms, ammunition or licensing materials Phillips may still have held after the revocation. Documents relating to attempted seizure or follow-up were also withheld.

The response illustrates the significant constraints on what is currently known — or can be made public — about agencies' handling of Phillips before he spent nearly four years on the run.

Police said they were required to comply not only with active investigations into Phillips' death and disappearance — including an ongoing investigation into whether he received outside support — but also with wide-ranging suppression orders imposed by the High Court and Family Court. Those restrictions limit the release of any information relating to the children or to court proceedings involving them.

Police said it did not want to prejudice the investigations by the premature release of relevant information.

Inquiry to examine agencies' actions and information-sharing

The Attorney-General confirmed last month that a public inquiry would examine whether agencies "took all practicable steps" to protect the safety and welfare of the Phillips children, and whether government agencies responded appropriately and in a timely way to locate the children once they disappeared.

The inquiry was directed to inquire into the nature and extent of the involvement government agencies had with Phillips and the children, before and after their disappearance. It would also look into how Phillips obtained and maintained a gun licence, weapons and ammunition.

However, its scope would not include decisions made within the Family Court — despite the terms of reference noting there had been "extensive litigation" in that forum concerning the children, some of which remained ongoing and under appeal.

The government has directed 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".

Some experts have critiqued that decision, saying the court should not be exempt from scrutiny.

By Kirsty Johnston of rnz.co.nz

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