Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40A: Interpretation

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"What special words in the law mean"

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.

The law says what words like 'accompany', 'approved analyst', and 'approved laboratory' mean. It also explains what 'blood specimen', 'blood test', and 'breath screening device' mean. You can find the meanings of these words in the law.

The law also talks about people like 'enforcement officers', 'medical practitioners', and 'seafarers'. It explains what their roles are and what they do. The law mentions other important words like 'court', 'hospital', and 'medical centre'. It tells you what these places are and what happens there.

Some words, like 'evidential breath test' and 'positive', have special meanings in the law. The law says what these words mean and how they are used. It also talks about the 'STCW Convention' and what it is. The law explains all these words and concepts so you can understand it better.

The law is talking to you about how it uses certain words. It wants you to know what these words mean so you can understand the rules. The words are used in a special way to help keep you and others safe. The law is explaining these words to you so you know what they mean.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5689906.


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40B: Seafarers not to exceed specified alcohol limits, or

"Seafarers must not work on ships if they have too much alcohol in their system."

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).