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(b) the applicant has exhausted all financial
resources reasonably available to him or her,
and is in the process of pursuing any other
avenue of financial support that is or might
be available to him or her in respect of
the child (for example, employment; spousal
maintenance; child support); and

(c) the applicant is legally unable to work to
support himself or herself and the child, or
if legally able to work, is unable to obtain
employment suitable and sufficient for that
purpose; and

(d) the applicant is taking all reasonable steps
to have the custody and access proceedings
heard as soon as reasonably practicable.

15C.4 Clauses 6, 9.2, and 9.4 do not apply to grants
under this clause, and clause 4 has effect—

(a) in regard to an applicant to whom clause
15C.1 applies, as if it did not include
reference to section 74A of the Act; and

(b) in regard to an applicant to whom clause
15C.2 applies, as if it did not include
reference to section 77 of the Act.

15C.5 The chief executive may accept an application for
grants in accordance with clause 15C.3 before an
applicant leaves New Zealand if satisfied that
paragraphs (a) to (d) of that clause and clause
15C.2 will apply to the applicant upon his or her
arrival in the overseas country concerned, but no
payments may be made earlier than that arrival.

15C.6 Grants under clause 15C.3 may be made on a
weekly basis commencing no earlier than the date
of application for the grant until the earliest of the
following events—

(a) the applicant becomes legally able to work
in the country in which the custody and
access proceedings are being determined and
obtains employment suitable and sufficient to
support himself or herself and the child;

(b) the applicant becomes eligible to access
financial assistance under the social security
system of that country that is sufficient to
support himself or herself and the child;

(c) the applicant:
(i) departs from that country; or
(ii) ceases to be entitled to stay in that
country by reason of the expiry and
non-renewal, or cancellation, of any
permit or visa;

(d) the child attains the age when no order
relating to his or her possession and care, or
day to day care, may be made in the custody
or access proceedings;

(e) 28 days after the custody and access
proceedings and any appeals from the
decisions in those proceedings are finally
determined.

15C.7 The weekly amount of a grant under clause
15C.3—

(a) is in the discretion of the chief executive but
except as provided in paragraph (c), must not
exceed the weekly amount set out in clause 1
of Schedule 16 of the Act; and

(b) must be reduced by $1.00 for every $1.00
of the applicant’s income instead of in
accordance with Income Test 1; and

(c) may, in respect of the applicant’s
accommodation expenses, be increased by
an amount of not more than:

(i) where the applicant and child are in
New Zealand the weekly amount of
an accommodation supplement under

the Act that would be payable to the
applicant if the applicant were a
beneficiary; or

(ii) in any other case, the weekly amount
set out in clause 1(a) of Part 2 of
Schedule 18 of the Act having regard
to the circumstances of the applicant
and his or her actual accommodation

expenses.

15C.8 In clauses 15C.1 to 15C.7—

custody and access proceedings—

(a) means proceedings for an order (however
called) relating to the possession and care,
or day to day care, of a child; and

(b) includes proceeding:
(i) for an order (however called) relating to
access to or contact with a child; or
(ii) for a parenting order under the Care of
Children Act 2004.

Hague Convention application means an
application for a Hague Convention order;

Hague Convention order means an order for
return of a child to the child’s country of
habitual residence made by a Court of a country
that is a party to, or has ratified or acceded to,
the Hague Convention on the Civil Aspects
of Child Abduction (as set out in Schedule 1 of
the Care of Children Act 2004);

limited purpose permit means a limited purpose
permit issued under the Immigration Act 1987;

permanent resident means a person resident in
New Zealand who holds, is deemed to hold, or
is exempt from holding, a residence permit
under the Immigration Act 1987;

temporary permit means a temporary permit
issued under the Immigration Act 1987.”.

Explanatory Note

This note is not part of the amendment but is intended to
indicate its general effect.

This amendment to the Special Needs Grants Programme
provides for discretionary financial assistance to adults who
are the principal caregivers of children involved in custody
and access disputes in the child’s country of habitual
residence where there is no other means of financial support
available. The amendment comes into effect on the day after
it is made.

New Zealand Gazette, 28 January 1999, No. 8, page 202

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