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Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

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

You could also call this:

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

If you are a seafarer, you commit an offence if you fail or refuse to let someone take a blood specimen after being asked to do so. This can happen if an enforcement officer asks you under section 40L, or if a medical practitioner or medical officer asks you under section 40L and you do not do it straight away. You also commit an offence if a medical practitioner or medical officer is allowed to take a blood specimen from you under section 40M and you refuse to let them do it.

If you are found guilty of this offence, you could be sent to prison for up to 12 months or have to pay a fine of up to $10,000. You will face this penalty if you break the rules about giving a blood specimen.

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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=DLM5689968.

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

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

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40F: Defences, or

"Reasons you can give in court to say you are not guilty of a maritime offence"

Part 4ARegulation of alcohol consumption by seafarers

40EFailure or refusal to permit blood specimen to be taken

  1. A seafarer commits an offence if the seafarer—

  2. fails or refuses to permit a blood specimen to be taken after having been required to do so under section 40L by an enforcement officer; or
    1. fails or refuses to permit a blood specimen to be taken without delay after having been requested to do so under section 40L by a medical practitioner or medical officer; or
      1. is a person from whom a medical practitioner or medical officer may take a blood specimen under section 40M and refuses or fails to permit a medical practitioner or medical officer to take a blood specimen.

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

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