When any proceeding is taken under this section against any grandparent or any grandchild of a destitute person, such grandparent or grandchild may apply to the Court for a summons calling upon any near relative of the destitute person, other than a grandparent or grandchild, to answer the claim of such destitute person, and the hearing of such proceeding shall be postponed until such summons has been served.

Upon such hearing a Magistrate shall not make an order against any grandparent or any grandchild of a destitute person if such grandparent or grandchild proves to the satisfaction of the Magistrate that any near relative resident in New Zealand served with such summons, other than a grandparent or grandchild, is able to maintain or sufficiently contribute to the maintenance of the destitute person, and does not so maintain him or contribute to his maintenance a sum adequate to the means of such near relative; and at any such hearing, upon such proof as aforesaid, such near relative shall be treated as the defendant, and an order made against him accordingly.”