000 02360nab a2200361Ia 4500
001 112839
005 20250625151146.0
008 110331s2006 eng
022 _a1173-5864
040 _aWSS
_dAFV
100 _aTolmie, Julia
_92218
245 _aPolice negligence in domestic violence cases and the Canadian case of Mooney :
_bwhat should have happened, and could it happen in New Zealand?
_cTolmie, Julia
260 _aAuckland
_bLegal Research Foundation
_c2006
365 _a00
_b0
520 _aThis 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.
650 2 7 _2FVC
_aDOMESTIC VIOLENCE
_9203
650 2 7 _2FVC
_aINTERVENTION
_9326
650 2 7 _2FVC
_aJUSTICE
_9333
650 2 7 _2FVC
_aLEGISLATION
_9346
650 2 7 _2FVC
_aPOLICY
_9447
650 2 7 _2FVC
_aPROTECTION ORDERS
_9470
650 2 4 _aSOCIAL SERVICES
_9555
650 2 7 _2FVC
_aSOCIAL WORK PRACTICE
_9562
650 2 7 _2FVC
_aSURVIVORS
_9593
650 2 7 _2FVC
_aVICTIMS
_9622
650 2 7 _2FVC
_aVICTIMS
_9622
650 2 7 _2FVC
_aWOMEN
_9645
650 2 7 _9431
_aINTIMATE PARTNER VIOLENCE
_2FVC
500 _aNew Zealand Law Review (2) 2006 : 243-290
650 2 7 _9458
_aPREVENTION
_2FVC
773 0 _tNew Zealand Law Review (2) 2006 : 243-290
942 _2ddc
_cARTICLE
999 _c1960
_d1960