(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,—
an employer-employee relationship; or
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—
the nature and intensity of the relationship, and in particular—
the amount of time A and B spend together:
the place or places where that time is ordinarily spent:
the manner in which that time is ordinarily spent:
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)