Updated 6.17 pm

Tom Phillips case details to stay secret

Police provided pictures of the campsite where Tom Phillips was living at with his children....
Police provided pictures of the campsite where Tom Phillips was living at with his children. Photo: Supplied/NZ Police
An injunction preventing media from publishing certain details related to the investigation into Tom Phillips and his family has been extended by a High Court judge.

Tom Phillips died following a shootout with police after they were called to reports of a burglary in the early hours of Monday.

A police officer was shot multiple times during the shootout and remains in hospital with significant injuries which police have described as "survivable".

One of Phillips' children, who was with him at the time, then began assisting police and said there were firearms at the campsite.

More than 12 hours later the remaining children were located in a remote campsite, deep in dense bush about 2km away from where Phillips was fatally shot.

On Monday evening, lawyer Linda Clark, acting for the Phillips family, went to the High Court in Wellington seeking an urgent injunction.

The injunction, which prevented media, police and Oranga Tamariki from publishing certain details related to the case was granted by Justice Cull.

The interim order lasted 48 hours, with the matter called in the High Court at Wellington on Thursday before Justice Cull.

Media organisations, including RNZ, were heard on the matter.

As the hearing was in chambers, media are only permitted to report the result of the hearing.

At the end of the hearing, Justice Cull extended the injunction for a week for the matter to be argued again in court on September 18.

Speaking to the media on Tuesday, Police Commissioner Richard Chambers said Phillips was "no hero".

"No one who does this to children is a hero. No one who unleashes a high-powered weapon on one of my officers is a hero."

Police Minister Mark Mitchell reiterated Chambers' comments to Mata.

"I understand that maybe there's a small part of our society that may see him in that light.

"I think most fair-minded Kiwis would say that a father that takes his children into the bush like that, four years with firearms and depriving them of a normal childhood and upbringing, putting them in in dangerous situations through his own continued violent offending … that's not a hero, that's not a good father, that's a father that seems to be more focused on their own needs than the needs and the safety of their own children."

Body returned to family

The body of Phillips has been released to his family, and multiple campsites believed to be used by Phillips have been examined over the past few days.

One of Phillips' children was taken into custody following the shooting, and the others were found at a campsite later that day in the rugged terrain of western Waikato.

A second campsite was discovered, about 200m from the first site.

Detective Inspector Daryl Smith said in statement today that they had been examining multiple campsites since the shooting on Monday.

"Police staff have spent the last three days canvassing the area, traversing some extremely difficult terrain, in dense bush," he said.

"An examination of the located sites is continuing today and is expected to be completed tomorrow."

Smith said a postmortem was carried out on Phillips on Wednesday, and his body has now been released to his family.

His death has been referred to the coroner.

A scene guard will remain in place overnight at the site of the crossfire, as well as cordons along Te Anga Road. Extra police staff deployed to the Marokopa and King Country areas will also remain in the district.

Cordons will be placed to ensure access to the local school on Friday.

Legal action against media outlet

Police have been instructed to investigate taking legal action against Stuff for using police radio communications in the reporting of Monday's incident.

Commissioner Richard Chambers said the publication of details and use of the audio is a potential breach of s.133A of the Radiocommunications Act.

"It is extremely frustrating to have to take this step but it is crucial that sensitive operational matters are protected at this time.

"There are a number of inquiries and investigations underway into the critical incident in the Western Waikato early on Monday and such communications are evidence in such matters.

"I am aware this case is of significant public interest.

"We have gone to great lengths to provide as much information to the public and the media as we are able to at this point, given both those investigations and the sensitive privacy issues that are at stake.

"I ask that media give some consideration to the potential impact of their actions."

Stuff have published a story standing by its reporting.

Stuff editor in chief Keith Lynch told RNZ it resolutely stands by the story and the handling of it by their most senior journalists and editors.

"The death of Tom Phillips is not only of great public interest, but it is of public importance, particularly as speculation about exactly what happened that morning has been circulating on social media.

"Our journalists went to great lengths to ensure the veracity of the material we received and we treated the story with the utmost sensitivity, protecting the privacy of those involved and taking great care to ensure no one could be publicly identified while also avoiding any material which may be sensationalised."

Earlier, Acting Deputy Commissioner Jill Rogers said the use of the audio was "grossly irresponsible and puts at risk inquiries underway into the events that unfolded in Western Waikato on Monday night".

"This material was not released by Police, nor did the media outlet in question approach us for comment."

Rogers said the material contained "very sensitive operational details that are the subject of a number of inquiries and investigations".

"It should not be in the public domain."

The shootout

About 2.30am on Monday police received a call from a Piopio resident to say they believed they were witnessing a burglary in action at PGG Wrightson.

The burglary involved two people on a quad bike dressed in farm clothing and wearing head lamps.

"Knowing the information that we had previously had that had seen Tom Phillips also in this area, additional staff were called out and responded to that location," Deputy Police Commissioner Jill Rogers earlier told media.

A quad bike was seen leaving the area along the Waipuna Road, a gravel road that intersects with Te Anga Road, the main road leading back to Marokopa.

A constable then decided to lay road spikes at the intersection about 3.20am.

The quad bike then ran over the spikes, with the bike coming to a rest a short time later.

The constable, who was first on the scene, came across the bike and was confronted by gunfire at close range and was shot multiple times.

"He was getting out of the vehicle and has fallen to the ground. He's taken cover back in the vehicle," Rogers said.

A second patrol car then arrived and "engaged" Phillips who was shot and died at the scene.

One of Phillips' children was then taken into custody uninjured.

The officer was then flown to Waikato Hospital by the Westpac Rescue in a critical condition, and remains in hospital after multiple surgeries..

Once he arrived in hospital he was conscious and was able to speak to some of his colleagues.