14 Meaning of family relationship: close personal relationship

(1)

A person (A) is not regarded as having a close personal relationship with another person (B) under section 12(d) by reason only of the fact that A has, with B,—

(a)

an employer-employee relationship; or

(b)

an employee-employee relationship.

(2)

A person (A) is not prevented from having a close personal relationship with another person (B) under section 12(d) by reason only of the fact that A has, with B, a recipient of care-carer relationship.

(3)

In determining whether a person (A) has a close personal relationship with another person (B) under section 12(d), the court must have regard to—

(a)

the nature and intensity of the relationship, and in particular—

(i)

the amount of time A and B spend together:

(ii)

the place or places where that time is ordinarily spent:

(iii)

the manner in which that time is ordinarily spent:

(b)

the duration of the relationship.

(4)

Despite subsection (3)(a), it is not necessary for a person (A) to have a sexual relationship with another person (B) in order for A to have a close personal relationship with B.

(5)

Subsections (2), (3), and (4) do not limit the matters to which a court may have regard in determining, under section 12(d), whether a person has a close personal relationship with another person.

Compare: 1995 No 86 s 4(3), (4)