Police Commissioner Richard Chambers. Photo: Mark Papalii
Police have been instructed to investigate taking legal action against media outlet Stuff for using police radio communications from the night Tom Phillips died.
Audio of police communication from the night was published by Stuff early Thursday morning.
Commissioner Richard Chambers said the publication of details and use of the audio is a potential breach of s.133A of the Radiocommunications Act.
"It is extremely frustrating to have to take this step but it is crucial that sensitive operational matters are protected at this time.
"There are a number of inquiries and investigations underway into the critical incident in the Western Waikato early on Monday and such communications are evidence in such matters.
"I am aware this case is of significant public interest.
"We have gone to great lengths to provide as much information to the public and the media as we are able to at this point, given both those investigations and the sensitive privacy issues that are at stake.
"I ask that media give some consideration to the potential impact of their actions."
Stuff have published a story standing by its reporting.
Stuff editor in chief Keith Lynch told RNZ it resolutely stands by the story and the handling of it by their most senior journalists and editors.
"The death of Tom Phillips is not only of great public interest, but it is of public importance, particularly as speculation about exactly what happened that morning has been circulating on social media.
"Our journalists went to great lengths to ensure the veracity of the material we received and we treated the story with the utmost sensitivity, protecting the privacy of those involved and taking great care to ensure no one could be publicly identified while also avoiding any material which may be sensationalised."
Earlier, Acting Deputy Commissioner Jill Rogers said the use of the audio was "grossly irresponsible and puts at risk inquiries underway into the events that unfolded in Western Waikato on Monday night".
"This material was not released by Police, nor did the media outlet in question approach us for comment."
Rogers said the material contained "very sensitive operational details that are the subject of a number of inquiries and investigations".
"It' should not be in the public domain."
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