Part 4ARegulation of alcohol consumption by seafarers
40AInterpretation
In this Part, unless the context otherwise requires,—
accompany, in relation to the accompanying of an enforcement officer to a place, includes remaining with an enforcement officer at a place, whether or not a journey is involved
approved analyst means—
- a person who is designated by the Science Minister, by notice in the Gazette, as the analyst in charge of an approved laboratory; or
- a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an approved analyst, either generally or in a particular case
approved laboratory means a laboratory approved by the Science Minister, by notice in the Gazette, for the purposes of analysing blood specimens taken for the purposes of this Part or Part 6 of the Land Transport Act 1998
blood specimen has the same meaning as in section 2(1) of the Land Transport Act 1998
blood specimen collecting instrument has the same meaning as in section 2(1) of the Land Transport Act 1998
blood specimen collecting kit has the same meaning as in section 2(1) of the Land Transport Act 1998
blood specimen collecting procedure has the same meaning as in section 2(1) of the Land Transport Act 1998
blood test means the analysis of a blood specimen
blood test fee has the same meaning as in section 2(1) of the Land Transport Act 1998
breath screening device has the same meaning as in section 2(1) of the Land Transport Act 1998
breath screening test has the same meaning as in section 2(1) of the Land Transport Act 1998
Commissioner means the Commissioner of Police
court means the District Court
designated safety, security, or marine environmental duties means, in relation to a ship, the duties identified as safety, security, or marine environmental duties in any of the following documents:
- a document outlining the safety management system of the ship:
- a document outlining the shipboard procedures for the ship:
- the employment contract for an individual seafarer
enforcement officer means—
- a constable:
- a Police employee (other than a constable) who is authorised for the purpose by the Commissioner
evidential breath test has the same meaning as in section 2(1) of the Land Transport Act 1998
evidential breath-testing device has the same meaning as in section 2(1) of the Land Transport Act 1998
hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001
lawyer has the same meaning as in section 6 of the Lawyers and Conveyancers Act 2006
medical centre means any place where a medical examination or medical care or treatment is carried out or given, including a place on board a ship
medical expenses means the expenses incurred by a medical practitioner or medical officer in taking a blood specimen
medical officer means—
- a person acting in a hospital and who, in the normal course of the person's duties, takes blood specimens; or
- a nurse; or
- a medical laboratory technologist
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine
passive breath-testing device has the same meaning as in section 2(1) of the Land Transport Act 1998
positive, in relation to an evidential breath test, means an evidential breath test that indicates that the proportion of alcohol in the breath of the seafarer who underwent the test exceeds 250 micrograms of alcohol per litre of breath
private analyst has the same meaning as in section 2(1) of the Land Transport Act 1998
Science Minister has the same meaning as in section 2(1) of the Land Transport Act 1998
seafarer means a master, an officer, a member of the watch personnel, or a crew member of a vessel, who is subject to the STCW Convention
STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers done at London on 7 July 1978 (as amended on 7 July 1995 and 25 June 2010).
- a person who is designated by the Science Minister, by notice in the Gazette, as the analyst in charge of an approved laboratory; or
Notes
- Section 40A: inserted, on , by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).
- Section 40A court: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
- Section 40A doctor’s surgery: repealed, on , by section 72(1) of the Statutes Amendment Act 2022 (2022 No 75).
- Section 40A medical centre: inserted, on , by section 72(2) of the Statutes Amendment Act 2022 (2022 No 75).