Civil Liability Act 2002

This section applies to the liability of a person ("the defendant") for pure mental harm to a person ("the plaintiff") arising wholly or partly from mental or nervous shock in connection with another person ("the victim") being killed, injured or put in peril by the act or omission of the defendant.

The plaintiff is not entitled to recover damages for pure mental harm unless – the plaintiff witnessed, at the scene, the victim being killed, injured or put in peril or the immediate aftermath of the victim being killed or injured; or the plaintiff is a close member of the family of the victim.

In this section – close member of the family of a victim means – a parent of the victim or other person with parental responsibility for the victim; or the spouse of the victim; or a child or stepchild of the victim or any other person for whom the victim has parental responsibility; or a brother, sister, half-brother or half-sister, or stepbrother or stepsister of the victim; spouse means – a husband or wife; or a de facto spouse – but where more than one person would so qualify as a spouse, means only the last person to so qualify.