One of the campsites used by Tom Phillips, who was shot and killed by police after four years on the run with his children. Photo: RNZ / Supplied / Police
Justice Minister Paul Goldsmith is promising to resolve widespread breaches of suppressed information in the Tom Phillips case, though it's not clear even if he knows how to do so.
A High Court injunction preventing media from publishing certain details related to the investigation has been extended until Thursday, when the court will consider the matter again.
Domestic media outlets including RNZ have been abiding by the injunction, as they are legally compelled too, but suppressed information remains easily accessible on social media.
Fielding questions from reporters on this issue, Goldsmith delivered a blunt assessment on the complexities of the courts enforcing local suppression orders on the world wide web.
"Modern technology is putting pressure on traditional rules that we've had in a way that's getting more intense and so it's becoming a more and more difficult situation to navigate.
"What I'm looking for is solutions that will actually work and none have been presented so far."
The Minister said it was ultimately up to the courts to enforce suppression orders but he was having ongoing discussions with justice officials about what the government could do to support them to do their job.
"It continues to be an issue that's getting more and more fraught with each passing year. There's a global set of platforms out there that don't necessarily follow our domestic suppression laws.
"How do we deal with that? Like I say, I haven't been presented with any effective solutions yet but it's an ongoing discussion."
Justice Minister Paul Goldsmith says he will speak to Google and Meta about the Phillips case "at the appropriate time". Photo: RNZ / Mark Papalii
There is precedent for the government to engage with global platforms directly.
Former Justice Minister Andrew Little met with Google representatives at Parliament in December 2018 for a 'please explain' on why it published the then-suppressed name of Grace Millane's now-convicted murderer in an email to users.
Goldsmith, who has had engagement with the likes of Google and Meta (Facebook) on the Fair Digital News Bargaining Bill, said he spoke to the tech giants regularly.
Asked when he might speak to them about the Phillips case, he said "at the appropriate time".
"We do have an opportunity to have a say but I'm also conscious of the fact that we're a small country in a global world."
Pressed on what courts could actually do to enforce suppression orders in the meantime, Goldsmith said the matter would be resolved.
"I'm not a lawyer. I'm not going to provide legal advice for you or your viewers but these are the sorts of issues that will be resolved."
Attorney General's plea to 'put the kids first'
Experienced lawyer and politician Attorney-General Judith Collins is among those who have reiterated a public plea to think of the children at the centre of the case.
"As a lawyer, as a human being, as a mother, we need to be really careful that the only people we should be thinking about right now, apart from the critically injured police officer, are the family, the children of Tom Phillips, who have been through an awful ordeal and we've got to put them first.
"Despite everyone already knowing all sorts of things or thinking they know it, just think about it.
"These poor kids, what they've been through, and they're going to have to try and live their lives with this [hanging] over them. So you know what, do the right thing and put the kids first."
Attorney-General Judith Collins says the Phillips children have been through an ordeal and they must be at the centre of consideration. Photo: Supplied
Prime Minister Christopher Luxon said there was good reason for the suppression orders to be in place and they should be respected.
"We need to maintain our focus on those children, making sure they are protected, that they are safeguarded and that their wellbeing is really prioritised.
"The courts have made a decision around upholding suppression orders and we expect everybody to do exactly that."
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