Open Access Te Herenga Waka-Victoria University of Wellington
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Vindicatory Damages in the Child Welfare Tort Cases

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posted on 2021-11-12, 02:00 authored by Neild, David

This thesis argues that vindicatory damages should be available in the child welfare tort cases against public authorities. These are cases in which the plaintiffs sue public authorities either for not protecting them from harm when they were children, or where it is alleged that the authority’s employees abused the children while in its care. Vindicatory damages would be intended to mark the wrong to the plaintiff, rather than attempting to compensate the consequences. This thesis argues in support of the availability of a separate head of vindicatory damages in tort law, including negligence, and explores some of the liability issues which arise in these cases, including vicarious liability, liability for omissions and liability in negligence for the way in which a statutory power is exercised or for a breach of a statutory duty. New Zealand's accident compensation scheme is also discussed: it is argued that vindicatory damages in tort law should not be barred by the scheme.


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Te Herenga Waka—Victoria University of Wellington

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Degree Grantor

Te Herenga Waka—Victoria University of Wellington

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Degree Name

Master of Law

Victoria University of Wellington Item Type

Awarded Research Masters Thesis



Victoria University of Wellington School

School of Law


Atkin, Bill; McLay, Geoff