Media organisations have been granted a judicial review of reporting restrictions that were made in the Family Court regarding the Tom Phillips case.
Justice Layne Harvey's decision to grant the review means the matter will be sent back to the Family Court.
With an earlier injunction still in place, no further details can be reported for now.
Media organisations, including NZME and Stuff, spent two days in the High Court at Hamilton in November challenging strict reporting restrictions.
That injunction prevented several details of the case from being reported.
Then, on September 15, a Family Court judge made orders that further restricted publication.
Justice Layne Harvey today released his decision, confirming that the judicial review has been granted.
No other details can be reported.
Family Court Judge Garry Collin previously made the following suppression orders:
- Any person involved in the Family Court proceeding, including anyone from NZ Police and Oranga Tamariki, cannot publish or communicate any information in any form that discloses "information" about the children.
- Any media organisation or publisher, including major New Zealand companies, cannot publish or communicate any information, nor can they capture or publish photos or film of the children beyond those that existed before December 9, 2021. This means images and videos of the children since their abduction are now off-limits.
- The order restrains anyone from publishing "any documentary, film, or book that refers to the children".
- No one may film or photograph any home the children live in, any of their caregivers, or any educational or community facility that they attend.
- The order is to remain in force until further order of the Family Court or High Court, meaning it will stay in place indefinitely unless one of the judges decides to lift it.
Meanwhile, RNZ reported last week that a member of the police's media team told a documentary crew about the incident that led to Tom Phillips' death at least an hour before family were notified.
Police have apologised in person to the family and said the decision was "ill-advised".
A film crew from Dunedin-founded NHNZ Productions had been following the hunt for Phillips and his children for more than a year, gaining exclusive access to the investigation.
In response to an Official Information Act (OIA) request from RNZ's Mata, police refused to say when the Phillips family and the mother of the children were notified about the incident.
RNZ understood that Phillips' family was not told until after 7.30am, and the mother was not told until after 8am.
In a statement published on its website at 7.15am, police confirmed they were responding to a "serious incident in Western Waikato".
RNZ asked police why the documentary crew was informed before relatives, and what the text message said.
Acting Deputy Commissioner Jill Rogers said it was only recently brought to her attention that a member of the crew was informed of the critical incident prior to family members.
"I became aware of the timing as a result of the OIA being compiled."
She said it was "very regrettable and is not the way police usually handle such matters".
"Wherever possible, family are always advised first."
The government also last year announced it would hold an inquiry into the case to investigate whether government agencies took all practicable steps to protect the safety and welfare of the Phillips children.
Attorney-General Judith Collins said it would reflect the "significant public interest" in the case and "concern for the children's welfare over the almost four years they were missing".
