The police officer who shot and killed Tom Phillips was justified in acting in self defence, the Independent Police Conduct Authority has found, after the fugitive shot and critically wounded another officer minutes earlier.
The finding, released today, relates to events on Te Anga Rd in the King Country, between Te Kuiti and Marokopa, at around 3.30am on September 8, 2025.
Phillips had been sought by police since December 2021, when he disappeared into bush with his three children. During that 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 authority found 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.
"He feared for his life as he believed he was going to be shot," the report said. Officer D fired five shots, three of which struck Phillips.
"We also found that officers provided appropriate aftercare to Mr 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."
Police are now hunting for the fugitive father’s accomplices. (Source: 1News)
While the officers involved were cleared, the authority identified shortcomings in police command and control on the night, finding there was no clearly identified incident controller and delayed communications with frontline staff.
"The lack of a clearly identified Incident Controller and confusion over who was performing that role resulted in delayed communication from Police command to frontline staff and a lack of direction around the plan and what officers should do, particularly once the quad bike had been spiked," the report said.
Waikato District Commander Superintendent Scott Gemmell acknowledged the findings, saying the officers involved in responding to the sighting of Phillips early in the morning on September 8 2025 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.”
“I’m also pleased to report that the officer shot by Mr Phillips is 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."
He said police would reflect on the findings and "consider how we can use this incident as a means of conveying to staff the critical nature of effective command and control”.
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