IPCA rules on fatal shooting
The Independent Police Conduct Authority (IPCA) has found that the police officer who shot and killed Tom Phillips acted in self-defence. The ruling, released today, relates to events on Te Anga Rd in the King Country, between Te Kūiti and Marokopa, in the early hours of September 8, 2025.
Phillips, who had been sought by police since December 2021 when he disappeared into bush with his three children, was shot dead after a confrontation with Waikato police. At the time, police believed he was responsible for several crimes, including an armed robbery at the ANZ Bank in Te Kuiti, and treated him as armed and highly dangerous.
The shooting and its immediate context
According to 1News, the authority found that the officer, named only as Officer D, opened fire after arriving to see Phillips pointing a rifle at a patrol car. Officer D believed Phillips had already shot and killed the officer inside it. The IPCA report quoted Officer D saying, "He feared for his life as he believed he was going to be shot." Officer D fired five shots, three of which struck Phillips.
The shooting came seconds after Phillips ambushed Officer A, who had been following the quad bike after spiking it. Phillips got off the bike with a rifle and fired, striking Officer A twice and causing near-fatal injuries. Officer D told the authority he heard Officer A's radio transmission moments before arriving. "I remember the tone of his voice had significantly changed from his previous transmissions which were calm," Officer D said. "This transmission was very panicked and sounded like he was in a struggle and had been seriously hurt."
Aftercare and command concerns
The IPCA also found that officers provided appropriate aftercare to Mr Phillips. However, the authority identified shortcomings in police command and control on the night, including no clearly identified incident controller and delayed communications with frontline staff.
Officials respond
Waikato District Commander Superintendent Scott Gemmell acknowledged the findings and praised the officers involved. He said the officer shot by Phillips is making positive progress in his recovery and is continuing rehabilitation.
Waitomo Mayor John Robertson said the finding vindicated the actions of police and hoped a government-ordered review would examine whether a negotiated solution could have been reached.
Police Minister Mark Mitchell said the incident was an "incredibly difficult situation" and backed police officers "110%".
Perspectives
Police: Superintendent Scott Gemmell expressed pride in the officers and commended their actions, while noting the recovery of the injured officer.
Local government: Mayor John Robertson saw the IPCA finding as vindication for police and called for a review into whether alternatives to the shooting could have been explored.
Government: Police Minister Mark Mitchell offered full support to police, describing the situation as extremely difficult.