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Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40D: Failure or refusal to remain at specified place or to accompany enforcement officer

You could also call this:

"Not staying or going with an officer when asked can be a serious offence"

If you are a seafarer, you commit an offence if you fail or refuse to stay at the place where you had a breath screening test under section 40H until the result is known. You also commit an offence if you fail or refuse to go with an enforcement officer to a place when required to do so under section 40I or section 40L. If you go with an officer but then fail or refuse to stay at that place until you have an evidential breath test or a blood test, you commit an offence.

If you are found guilty of this offence, you could be sent to prison for up to 12 months or fined up to $10,000. You commit an offence if you fail or refuse to stay at the place where you had an evidential breath test under section 40I until the result is known. If you are required to go to another place with an officer but you fail or refuse to do so, you also commit an offence.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5689967.

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40C: Contravention of specified breath or blood-alcohol limit, or

"Drinking and working on a ship: know the alcohol limits"

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40E: Failure or refusal to permit blood specimen to be taken, or

"Breaking the rule about giving a blood sample when asked"

Part 4ARegulation of alcohol consumption by seafarers

40DFailure or refusal to remain at specified place or to accompany enforcement officer

  1. A seafarer commits an offence if the seafarer—

  2. fails or refuses to remain at the place where the seafarer underwent a breath screening test under section 40H until after the result of the test is ascertained; or
    1. fails or refuses to accompany without delay an enforcement officer to a place when required to do so under section 40I or 40L; or
      1. having accompanied an enforcement officer to a place under a requirement under section 40I or 40L,—
        1. fails or refuses to remain at that place until the seafarer is required to undergo an evidential breath test or a blood test; or
          1. fails or refuses to accompany an enforcement officer to another place under any of those sections; or
          2. having undergone an evidential breath test under a requirement under section 40I, fails or refuses to remain at the place where the seafarer underwent the test until after the result of the test is ascertained.

            1. If a seafarer is convicted of an offence against subsection (1), the maximum penalty is a term of imprisonment not exceeding 12 months or a fine not exceeding $10,000.

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            Notes
            • Section 40D: inserted, on , by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).