Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40A: Interpretation

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"What special words mean in the Maritime Transport Act"

Illustration for Maritime Transport Act 1994

When you read this part of the law, some words have special meanings. You need to know what these words mean to understand the law. The law explains what these words mean. You accompany an enforcement officer when you go with them to a place. This includes staying with the officer at the place. An approved analyst is a person chosen by the Science Minister to do certain jobs. This person works in a laboratory that the Science Minister has approved. A hospital is a place where people get medical care. A lawyer is someone who gives legal advice. A medical centre is a place where people get medical care, even on a ship. A medical officer is a person who takes blood specimens, like a nurse or a doctor. A seafarer is someone who works on a ship, like a captain or a crew member. The STCW Convention is a set of international rules for seafarers. The Science Minister is a person in charge of certain areas of science. An enforcement officer is a police officer or someone else who is allowed to enforce the law. A blood specimen is a sample of blood taken for testing. A blood test is when a sample of blood is analysed. A breath screening device is a tool used to test someone's breath. A court is a place where legal cases are heard, like the District Court. A positive test result means that the test showed something, like a certain level of alcohol. These are the meanings of the words used in this part of the law.

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Part 4ARegulation of alcohol consumption by seafarers

40AInterpretation

  1. 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—

      1. a person who is designated by the Science Minister, by notice in the Gazette, as the analyst in charge of an approved laboratory; or
        1. 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:

                                1. a document outlining the safety management system of the ship:
                                  1. a document outlining the shipboard procedures for the ship:
                                    1. the employment contract for an individual seafarer

                                      enforcement officer means—

                                      1. a constable:
                                        1. 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—

                                                      1. a person acting in a hospital and who, in the normal course of the person's duties, takes blood specimens; or
                                                        1. a nurse; or
                                                          1. 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).

                                                                        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).