(1)  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.

(2)  The plaintiff is not entitled to recover damages for pure mental harm unless –

(a) 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

(b) the plaintiff is a close member of the family of the victim.

(3)  In this section –

close member of the family of a victim means –

(a) a parent of the victim or other person with parental responsibility for the victim; or

(b) the spouse of the victim; or

(c) a child or stepchild of the victim or any other person for whom the victim has parental responsibility; or

(d) a brother, sister, half-brother or half-sister, or stepbrother or stepsister of the victim;

spouse means –

(a) a husband or wife; or

(b) a de facto spouse –

but where more than one person would so qualify as a spouse, means only the last person to so qualify.