TY  - SER
AU  - Tolmie, Julia
TI  - Police negligence in domestic violence cases and the Canadian case of Mooney: what should have happened, and could it happen in New Zealand?
SN  - 1173-5864
PY  - 2006///
CY  - Auckland
PB  - Legal Research Foundation
KW  - FVC
KW  - DOMESTIC VIOLENCE
KW  - INTERVENTION
KW  - JUSTICE
KW  - LEGISLATION
KW  - POLICY
KW  - PROTECTION ORDERS
KW  - SOCIAL SERVICES
KW  - SOCIAL WORK PRACTICE
KW  - SURVIVORS
KW  - VICTIMS
KW  - WOMEN
KW  - INTIMATE PARTNER VIOLENCE
KW  - PREVENTION
N1  - New Zealand Law Review (2) 2006 : 243-290
N2  - 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
ER  -