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Pieces still missing from Tom Phillips inquiry – academic

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An expert on family violence says it is indefensible Family Court proceedings were excluded from the government’s inquiry into the Tom Phillips case.

She says the government should be looking at reinstating protective mechanisms that were stripped out of the Care of Children Act in 2014, and she is “a little sympathetic” to police, with a caveat that she doesn’t usually say that.

“It’s just really hard for me to know whether we should be stringing them up by their toenails or not when we just don’t know what came out of the Family Court.”

Phillips was shot dead by police a year ago, after nearly four years on the run with his children.

Government ministers apologised on Tuesday after the damning inquiry found multiple failings by authorities including information sharing and following up certain leads.

Oranga Tamariki and police have admitted errors, although police dispute the inquiry’s finding that agencies working together could have prevented the children’s disappearance or brought them back sooner.

University of Auckland associate law professor Carrie Leonetti told RNZ the principal judge of the Family Court court could have opened its files to the inquiry, and although such files would be sensitive they could have been redacted from public view.

“The inquiry starts four years too late,” she said.

“Tom Phillips had court ordered care of the children from 2019 at least, and was given court ordered care of the children back, it appears, in October 2021 after the first abduction.

“The inquiry makes very clear that Oranga Tamariki had… very limited involvement with Tom Phillips and the children before 2021… we’re starting the movie half-way through.”

Leonetti said the children’s mother’s concerns were not taken seriously partly because of her Family Court dispute with Phillips.

“It’s pretty clear that these agencies brushed her concerns off … It’s well established in the social science literature that there’s just this pervasive societal myth that women fabricate claims of domestic violence for some kind of tactical purpose in custody proceedings.

“And I think it’s even worse for the Phillips kids’ mother because she’s Māori… a Māori woman trying to get the police and Oranga Tamariki to take her Pākehā ex-husband’s threat to their children seriously.

“He made threats to her at the time of their separation in 2017 that he was going to take the kids and not let her see them again, and he he made those threats to third parties that he was going to take off with the kids and go bush.”

She said there was a “weird sort of hot potato problem”, where police, Oranga Tamariki and the Family Court would defer responsibility for a case to whichever of the three was approached first.

“If people go first to the Family Court and they award care to the person, then I think Oranga Tamariki and the police say to themselves, ‘well, how dangerous can he be?'”

She said the report seemed to indicate police and Oranga Tamariki had made errors in the investigation or passing on information, but without the details from the Family Court “it’s like we’re looking at this mosaic with half of it blacked out”.

Phillips may never have had unsupervised care of the children in 2019 and 2021 had the “Bristol clauses” that required courts to ensure a child’s safety before granting custody in domestic violence-related cases not been scrapped under the John Key government in 2014.

“You go to Family Court, you lose custody of your kids to the perpetrator. You go to the police, they seem to write a lot of reports but not take a lot of action. You go to Oranga Tamariki and they roll your eyes and think you’re a disgrunted ex-wife.”

However, she said police may be right to say the situation may not have ended differently “if they had done everything right, but the Family Court and Oranga Tamariki still failed”.

“We actually need all of these agencies to get it right as often as possible to have an appropriate safety net.”

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Parliamentary Service working on extra chairs and offices for increased number of MPs

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The chief executive of the Parliamentary Service is confident there will be enough room to accommodate the increased number of MPs and their staff coming into Parliament.

On current numbers, up to 131 MPs could be sitting in the Chamber following the election, brought on by a record overhang result.

Clerk of the House of Representatives Dr David Wilson told the Spinoff that currently the debating chamber had enough chairs to seat 124 MPs – including the Speaker of the House – and work was being done to accommodate more by altering the seating arrangement.

In a statement, Parliamentary Service chief executive Rafael Gonzalez-Montero said planning for a larger Parliament had been going for “some time”.

“Now that the election results have confirmed an increase to the number of members we are looking at several options.

“We are confident we will be able to accommodate all members within the Chamber.”

Chief Executive of the Parliamentary Service Rafael Gonzalez-Montero appears before select committee.
Parliamentary Service chief executive Rafael Gonzalez-Montero.

VNP / Phil Smith

Gonzalez-Montero said office accommodation for members and their staff would be “stretched” for a short time, but the new Members’ Building was only a few months away from “practical completion”.

That building – located behind Parliament – was due to be ready to occupy in April next year and had capacity to accommodate around 30 backbench MPs.

“All members should be in fit-for-purpose accommodation from that point,” Gonzalez-Montero said.

Following the 2023 election, 123 MPs sat in the Chamber – a record number at the time. That decreased to 122 following the resignation of National MP Judith Collins.

Collins held the seat of Papakura and stepped down in May and Parliament voted against holding a by-election because it was too close to the election.

The election result also meant high-ranking National Party MPs like Chris Bishop, Paul Goldsmith, Nicola Willis and Gerry Brownlee – Speaker of the House and an MP for 30 years – would likely not make it back into Parliament.

Only resigning or retiring MPs were permitted to give a valedictory speech meaning none of them would get the chance to give a valedictory statement.

Asked if their would be special allowances for valedictories, Wilson said in a statement that normally only MPs were allowed to speak in the House but the House could suspend its own rules or temporarily alter them.

“It could do so to allow former members to address the House.”

Wilson said no such arrangements could be made until the next Parliament opened and members sworn in.

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