Tom Phillips shooting: IPCA deems police actions justified

Police were justified in shooting wanted fugitive Tom Phillips last year, a police watchdog has ruled. 

Phillips was shot dead after a confrontation with Waikato police on Te Anga Rd, between Te Kūiti and Marokopa, in the early hours of September 8 last year. 

He had been on the run since December 2021, when he disappeared with his three young children. 

In its report released this morning, the Independent Police Conduct Authority (IPCA) ruled that the officer who fired the fatal shot did so in self-defence. 

The IPCA went a step further and commended the actions of the officers involved. 

“On his own initiative, Officer B developed a plan to track the movements of Mr Phillips,” the report stated. 

“This was successful and resulted in Officer A intercepting Mr Phillips and spiking his quad bike. 

“The actions of Officers A and B in developing and implementing that plan are commendable.” 

Phillips’ children were recovered shortly afterwards. 

However, the IPCA did identify shortcomings in the Police Emergency Communications Centre shift commander’s actions. 

But despite that, frontline officers relied on their training to achieve an outcome in a difficult situation, it stated. 

In a detailed timeline in its report, the IPCA stated that, between 2021 and the day of the shooting, there were limited sightings of Phillips and his children. 

Police did not know where they were living. 

Throughout 2023, there was a series of burglaries and vehicle thefts in the Waitomo area, including several in Piopio, in which police believed Phillips was the likely offender. 

On May 16, 2023, Phillips used firearms during a robbery at the ANZ Bank in Te Kūiti. 

As a result, police obtained a warrant to arrest him. 

A group of hunters took cellphone footage of Phillips and his children moving across land in Marokopa on October 3, 3024. 

Then, on November 19, 2024, a trail camera installed by police captured Phillips and his children again. 

Similar camera footage was also captured on April 5 and 6, 2025. 

In the early hours of August 27, 2025, Phillips travelled by quad bike to Piopio, where he broke into a shop. 

Police had circulated several internal notices about the high risk that Phillips posed and that, if found, he was likely to be armed and dangerous. 

September 8, 2025 

On the day of his death, a member of the public spotted Phillips forcing his way into a warehouse in Piopio at 2.20am. 

A quad bike was also spotted at the scene. 

The Northern Police Emergency Communications Centre (Comms), based in Auckland, responded. 

Due to the rural location of Piopio, the Waikato District Command Centre (DCC) was contacted so that local resources could be deployed. 

The DCC shift supervisor called out rural officers from two locations: Officer A from a nearby town and Officer B from Piopio. 

He also requested the attendance of a tactical dog team, and two officers, C and D, who were about 80km away. 

After a short delay, the police Eagle helicopter (“Eagle”) was deployed and began to fly south from Auckland. 

About 2.45am, Phillips left the warehouse on the quadbike. 

Using his initiative, Officer B had secured a favourable location and tracked the quad bike leaving Piopio and heading towards Marokopa. 

He then provided updates on his police radio. 

At the same time, Officer A was driving south and was told where to go by Officer B, soon arriving at the intersection of Te Anga and Waipuna Rds, about 16km north of Piopio. 

Officer A arrived about 10 minutes before the arrival of the quad bike, with updates being provided by Officer B. 

Officer C, who was driving, and Officer D were “travelling with urgency” from the north, along Te Anga Rd from Waitomo. The Eagle helicopter was still on route. 

Police found several makeshift campsites used by Phillips and his children. Photo / Police 

At the intersection, Officer A deployed the road spikes for the quad bike at 3.16am. 

Officer A’s plan, after he prepared the spikes, was to find a safe place to park and wait for the quad bike, and for the arrival of Officers C and D. 

At 3.22am, over the police radio, Officer A reported hearing the quad bike enter the intersection, run over the spikes, and turn towards Marokopa. 

He decided to follow Phillips on the quad bike in his patrol car as he was concerned he could run into the bush, and wanted to help with directions for the other officers, who he understood were close by. 

After about 300 metres, as Officer A rounded a corner, with his car headlights he saw the quad bike and realised he was much closer than he thought. 

Officer A announced over the radio that the quad bike had gone off the road. 

He later described Phillips being off the quad bike with a rifle and looking back at him in his patrol car. 

Phillips then shot at Officer A, who was struck twice and sustained near fatal injuries. 

It was 3.24am when Officer A was able to broadcast over the police radio that he had been shot. 

A makeshift campsite believed to have been used by Phillips. Photo / Police 

After Officers C and D got to the scene, about 10 seconds later, they saw Phillips standing and pointing a rifle towards Officer A’s vehicle, which was directly in front of them. 

They couldn’t see Officer A, and both said that when Phillips saw them arrive, that he turned and pointed his rifle in their direction. 

Officer C stated that Phillips looked to be “chambering another round” as the patrol car came to a stop. 

He was holding the rifle with two hands, with one hand near the trigger. 

Officer D said he could clearly see Phillips pointing the firearm at him. 

He feared for his life as he believed he was going to be shot, and thought Officer A was already dead. 

In response, Officer D got out of the car and fired at Phillips. 

He did not give a voice appeal or warning as he did not believe there was time, and said Phillips was already in a shooting position and looking through the scope of his rifle at him. 

Officer D told the IPCA he couldn’t remember how many times he fired at Phillips, but did so until he felt he was no longer a threat. 

“He saw Mr Phillips fall in a twist to the ground behind the quad bike. 

“He yelled for Mr Phillips to put his arms where he could see them, but Mr Phillips did not respond.” 

Judge Kenneth Johnstone KC said police had told the IPCA they had taken steps to enhance their command and control capability through training delivered at Senior Leadership Courses as well as scenario-based exercises. 

‘A volatile and extremely dangerous situation’ 

Waikato police district Superintendent Scott Gemmell said officers responding that morning were confronted with “a volatile and extremely dangerous situation”. 

“As noted by the IPCA, Officers A and B implemented a successful plan to locate, follow, and intercept Mr Phillips, showing foresight and initiative. 

“And Officers C and D responded with great urgency and proficiency to a highly dangerous situation. 

“I’m extremely proud of the officers involved and I join with the IPCA in commending them for their actions.” 

The injured officer was making “positive progress in his recovery and is continuing rehabilitation”. 

“We are currently supporting him to return to work on a light duties basis as part of our reintegration programme.” 

As for the shortcomings identified by the IPCA, he said police would now “reflect ... and consider how we can use this incident as a means of conveying to staff the critical nature of effective command and control”. 

Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 11 years and has been a journalist for 22.