Police negligence in domestic violence cases and the Canadian case of Mooney : what should have happened, and could it happen in New Zealand?
Tolmie, Julia
Police negligence in domestic violence cases and the Canadian case of Mooney : what should have happened, and could it happen in New Zealand? Tolmie, Julia - Auckland Legal Research Foundation 2006
New Zealand Law Review (2) 2006 : 243-290
This article discusses the issue of police negligence in responding to reports of domestic violence, or a breach of a protection order, where women are holding the police accountable and suing them for negligence. It looks at the legal issues women experience in this situation. The author traverses the question of whether the police owe a duty of care to a woman who alleges she is the target of domestic violence. The author then discusses whether that breach of duty could be held to have caused the woman harm if the perpetrator subsequently injures her. These issues were examined in the Canadian domestic violence case of Mooney v British Columbia, which provides the impetus for this article. In that case, it was held that the police owed Mooney a duty of care, and that they were in negligent breach of that duty. It looks at both the positive and the disappointing aspects of the case. An in-depth discussion examines duty of care issues in Canada, England, and New Zealand. The article also briefly examines New Zealand's Accident Compensation Scheme and its implications for legal action when looking at police negligence concerning domestic violence.
1173-5864
DOMESTIC VIOLENCE
INTERVENTION
JUSTICE
LEGISLATION
POLICY
PROTECTION ORDERS
SOCIAL SERVICES
SOCIAL WORK PRACTICE
SURVIVORS
VICTIMS
VICTIMS
WOMEN
INTIMATE PARTNER VIOLENCE
PREVENTION
Police negligence in domestic violence cases and the Canadian case of Mooney : what should have happened, and could it happen in New Zealand? Tolmie, Julia - Auckland Legal Research Foundation 2006
New Zealand Law Review (2) 2006 : 243-290
This article discusses the issue of police negligence in responding to reports of domestic violence, or a breach of a protection order, where women are holding the police accountable and suing them for negligence. It looks at the legal issues women experience in this situation. The author traverses the question of whether the police owe a duty of care to a woman who alleges she is the target of domestic violence. The author then discusses whether that breach of duty could be held to have caused the woman harm if the perpetrator subsequently injures her. These issues were examined in the Canadian domestic violence case of Mooney v British Columbia, which provides the impetus for this article. In that case, it was held that the police owed Mooney a duty of care, and that they were in negligent breach of that duty. It looks at both the positive and the disappointing aspects of the case. An in-depth discussion examines duty of care issues in Canada, England, and New Zealand. The article also briefly examines New Zealand's Accident Compensation Scheme and its implications for legal action when looking at police negligence concerning domestic violence.
1173-5864
DOMESTIC VIOLENCE
INTERVENTION
JUSTICE
LEGISLATION
POLICY
PROTECTION ORDERS
SOCIAL SERVICES
SOCIAL WORK PRACTICE
SURVIVORS
VICTIMS
VICTIMS
WOMEN
INTIMATE PARTNER VIOLENCE
PREVENTION