Pursuant to section 124(1)(d) of the Social Security Act 1964, the Minister for Social Development and Employment, makes the following instrument amending the Special Needs Grants Programme (as established and approved on 18 December 1998*).
Dated at Wellington this 28th day of November 2010.
HON PAULA BENNETT, Minister for Social Development and Employment.
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I n s t r u m e n t
1. Title-This instrument is the Special Needs Grants Amendment (No 2) 2010.
2. Commencement-This instrument comes into effect
at 2.00am on 29 November 2010.
3. Programme amended-This instrument amends the Special Needs Grants Programme*.
4. General provisions-Clause 3.1 is amended by inserting the following definition:
"protected person has the meaning in clause 15.1.4".
5. Re-establishment costs-(1) The heading of clause 15.1 is amended by adding
"and Protected Persons" after "Refugees".
(2) Clause 15.1.1 is amended:
(a) by omitting "Refugee" and substituting "refugee or protected person"; and
(b) by omitting "Refugees" and substituting "refugees or, as the case requires, protected persons".
(3) Clause 15.1.2 is amended by omitting "Refugee’s" in each place it appears and substituting in each case "refugee’s or protected person’s".
(4) Clause 15.1.4 is revoked and the following clause substituted:
"15.1.4 In clauses 15.1.1 and 15.1.2-
refugee has the same meaning as in section 4 of the Immigration Act 2009.
protected person has the same meaning as in section 4 of the Immigration Act 2009."
6. Clause 15A revoked-Clause 15A is revoked.
7. Applicants applying for a residence permit in
New Zealand who have lost the financial support of their sponsors-(1) The heading of clause 15B is amended by omitting "permit" and substituting "class visa."
(2) Clause 15B.1(b)(i) is amended by omitting
"New Zealand Immigration Service" and substituting "Immigration New Zealand".
(3) Clause 15B.1(b)(i) is amended by omitting "a residence permit under the Immigration Act 1987" and substituting
"a residence class visa under the Immigration Act 2009".
(4) Clause 15B.1(f) is amended by omitting "temporary work permit issued under the Immigration Act 1987" and substituting "temporary entry class visa issued under the Immigration Act 2009 that allows the holder to work in
New Zealand".
(5) Clause 15B.3(a) is amended by omitting "residence permit under the Immigration Act 1987" and substituting "residence class visa under the Immigration Act 2009".
8. Applicants awaiting the outcome of an international child custody and access dispute-(1) Clause 15C.1(b) is amended by omitting "under a temporary permit or a limited purpose permit" and substituting "on a temporary entry class visa under the Immigration Act 2009".
(2) Clause 15C.1(d)(iii) is amended by omitting "a permanent resident" and substituting "a permanent resident, or resident".
(3) Clause 15C.2 is amended by omitting "or permanent resident" and substituting ", permanent resident, or resident".
(4) Clause 15C.8 is amended by revoking the definition of limited purpose permit.
(5) The definition of Hague Convention Order in clause 15C.8 is amended by inserting "International" before "Child Abduction".
(6) Clause 15C.8 is amended by revoking the definition
of permanent resident and substituting the following definitions:
"permanent resident has the same meaning as in section 4 of the Immigration Act 2009
resident has the same meaning as in section 4 of the Immigration Act 2009".
(7) Clause 15C.8 is amended by revoking the definition of temporary permit.
9. Applicants in New Zealand under relocation arrangement-(1) Clause 15D.1(a)(ii) is amended by omitting "a temporary permit or a limited purpose permit" and substituting "a temporary entry class visa under the Immigration Act 2009".
(2) Clause 15D.3 is amended by revoking paragraph (d) and substituting the following:
"(d) the relocated person is granted a residence class visa under the Immigration Act 2009:".
(3) The definition of family in clause 15D.7 is amended by omitting "a temporary permit or a limited purpose permit" and substituting "a temporary entry class visa under the Immigration Act 2009".
10. Victims of people trafficking-Clause 15E.3 is amended by revoking paragraph (b) and substituting the following:
"(b) the applicant is granted a residence class visa under the Immigration Act 2009:".
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Explanatory Note
This note is not part of the instrument, but is intended to indicate its general effect.
This instrument, which comes into effect at 2.00am on
29 November 2010, amends the Special Needs Programme by updating specified terms and criteria as a consequence
of the coming into force of most of the provisions of the Immigration Act 2009 at that time.
The instrument also revokes a spent provision of the programme and corrects a reference to the Hague Convention on the Civil Aspects of International Child Abduction.
*New Zealand Gazette, 28 January 1999, No. 8, page 202