Tom Phillips - who had been hiding in bush with his children - died following a shootout with police. Photo: RNZ / Supplied / Police
The producer of The Marokopa Project agreed the police could preview and edit its feature-length documentary before it airs.
A film crew from Dunedin-founded NHNZ Productions has been following the hunt for fugitive Tom Phillips and his kids for more than a year, gaining exclusive access to the investigation.
Phillips died following a shootout with police after they were called to reports of a burglary in September.
The documentary makers' 'access agreement' - released to RNZ under the Official Information Act - outlines exactly what the filmmakers and police signed up to back in March.
Filmmakers got exclusive opportunities to view evidence, and attend and record police briefings, meetings and operations over the course of the year.
In exchange for this access, the police retained extensive control over the documentary project.
Details from the documentary's final proposal:
- A focus on follow-footage following staff involved in Operation Curly and associated operations
- Interviews with key investigation and district staff
- Interviews with specialist police officers
- Footage of police visits to the Marokopa community and local stakeholders (subject to permissions being granted)
- Done footage during aerial operations
- Additional footage, audio recordings and still images held by the police
- Recordings or transcripts of interviews
- Access to stills, CCTV and trail camera footage being used as evidence (subject to permissions being granted)
The contract gives authorities the right to preview any broadcast and require edits or removals a range of grounds including security, sensitivity, privacy and relevant court orders.
The police also holds veto rights over replays or altered versions of the documentary, and the right to terminate filming access at any time.
Grounds for termination include the producer breaching any term of the access agreement and failing to remedy the breach within five working days.
The contract says if a breach can not be remedied, including where the producer or their staff disobey a police direction, authorities can terminate the agreement without notice.
The filmmakers can not use any material recorded for the documentary for any other purpose whatsover, unless authorised by the police in writing.
The agreement also states the filmmakers can not use photos of the children, with the exception of those already published in the media, without permission from their legal guardian and the police.
These provisions all exist within the context of heavy suppression orders made by the Family Court that remain in place today.
The producers' employees, agents and contractors all had to be vetted by the police, and the producer signed off on liability limited to $1 million for the documentary.
The contract was signed by the police and Dunedin-Based NHNZ Worldwide, in partnership with London-based Grain Media Ltd, on 20 March 2025.
It is expected the documentary will be broadcast in 2027, though this is subject to court proceedings.
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