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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 crime"

Illustration for Maritime Transport Act 1994

You can commit an offence if you are a seafarer and you fail or refuse to remain at a place after a breath screening test under section 40H. You can 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 40L. If you do this, you might get a fine or go to prison. If you go with an enforcement officer to a place, you must stay there until you have an evidential breath test or a blood test. You must also stay at the place where you had the test until the results are known. If you do not do this, you can commit an offence. If you are found guilty, you might get a fine of up to $10,000 or go to prison for up to 12 months.

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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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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).