Key Takeaways
- A Family Court judge has made orders restricting publication of information about two children who were missing for almost four years.
- NZME and Stuff are seeking a judicial review of the orders in the High Court at Hamilton.
- The orders prohibit publication of any information that discloses details about the children, including photos and videos taken since their abduction.
- The Government has announced an inquiry into the case to investigate whether government agencies took all practicable steps to protect the children’s safety and welfare.
- The inquiry will be held in private and will focus on the privacy and welfare of the children.
Introduction to the Case
The case of the two Phillips children, who were missing for almost four years, has taken a new turn with a Family Court judge making orders that further restrict publication of information about the children. The orders, made by Judge Garry Collin, prohibit any person involved in the Family Court proceeding, including those from NZ Police and Oranga Tamariki, from publishing or communicating any information that discloses details about the children. This includes any media organisation or publisher, who are also restricted from publishing or communicating any information, capturing or publishing photos or films of the children beyond those that existed before December 9, 2021.
Restrictions on Publication
The restrictions on publication are far-reaching, with the order restraining anyone from publishing "any documentary, film, or book that refers to the children". Additionally, 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. These restrictions have significant implications for the media and the public’s right to know, and have prompted NZME and Stuff to seek a judicial review of the orders in the High Court at Hamilton.
Judicial Review
The two-day hearing in the High Court at Hamilton is before Justice Layne Harvey, but the majority of the details cannot be reported on, only the fact that a hearing is taking place. The application for judicial review is a significant development in the case, and highlights the tension between the need to protect the privacy and welfare of the children, and the public’s right to know. The media organisations are arguing that the orders are too broad and restrictive, and that they have a right to report on the case in a way that is fair and balanced. The outcome of the hearing will be closely watched, and will have significant implications for the media and the public’s right to know.
Government Inquiry
The Government has also announced an inquiry into the case, which will investigate whether government agencies took all practicable steps to protect the safety and welfare of the Phillips children. The inquiry, which will be held in private, will "establish the facts and determine whether agencies could take steps to prevent or resolve similar situations more quickly and effectively in the future". The terms of reference will focus on "the privacy and welfare of these especially vulnerable children in mind", and the inquiry will not include findings on judicial decisions. The inquiry is a significant development in the case, and highlights the Government’s commitment to ensuring that the children’s welfare is protected.
Implications of the Inquiry
The inquiry will be conducted in private, without public hearings, and will respect the independence of the courts. This means that the public will not have access to the details of the inquiry, and will not be able to see the evidence that is presented. While this may be necessary to protect the privacy and welfare of the children, it also raises concerns about transparency and accountability. The inquiry’s findings will be significant, and will have implications for government agencies and the way they respond to similar situations in the future. The inquiry’s focus on the privacy and welfare of the children is also significant, and highlights the need for a balanced approach that takes into account the needs of all parties involved.
Conclusion
The case of the Phillips children is complex and multifaceted, and raises significant questions about the balance between the need to protect the privacy and welfare of vulnerable children, and the public’s right to know. The restrictions on publication, and the Government’s inquiry into the case, highlight the need for a careful and considered approach that takes into account the needs of all parties involved. The outcome of the judicial review, and the findings of the inquiry, will be closely watched, and will have significant implications for the media, government agencies, and the public. As the case continues to unfold, it is clear that the welfare and privacy of the children must be the top priority, while also ensuring that the public has access to information that is fair and balanced.