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Police staff have been told to investigate taking legal action over the use by a media outlet of police radio communications around the shooting of Tom Phillips.

Details of the standoff between Phillips and police were published by Stuff after it obtained recordings of police audio.

“The publication of details and use of audio from police radiocommunications is a potential breach of s.133A of the Radiocommunications Act,” said Police Commissioner Richard Chambers.

“It is extremely frustrating to have to take this step, but it is crucial that sensitive operational matters are protected at this time.”

The commissioner said he was aware the Phillips case was of significant public interest, but several inquiries and investigations were under way, and communications such as those published might be needed in due course to be used in evidence.

Police Commisioner Richard Chambers said the publication of police audio from the Waikato incident might have broken the law. Photo / Mike Scott

Aerial shots of the scene of the shooting.

“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,” said Chambers, “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.”

Police had previously condemned the publication of the material and said it risked compromising active inquiries into the Waikato incident and had caused “significant distress” to the officers involved and their families.

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Stuff digital editor-in-chief Keith Lynch said the news outlet “resolutely stand by this story and the handling of it by our 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 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.”