Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40F: Defences

You could also call this:

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

If you are charged with an offence against section 40E, you can defend yourself if a doctor says taking a blood sample would be bad for your health. You can use this defence in court if the judge believes the doctor. The doctor must give evidence to support your defence.

If you break a rule in this Part of the law, you cannot say it is not your fault just because someone did not follow another rule exactly. You must have tried to follow the rules reasonably. This means you did your best to follow the rules that apply to you.

You cannot say it is not your fault if there was a mistake in a breath test result. This is still the case even if the mistake meant you should not have had to do another test. You also cannot say it is not your fault if there was a mistake in a breath test result when it comes to how much alcohol was in your breath or blood. The mistake in the test result does not change whether or not you are guilty.

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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=DLM5689969.


Previous

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

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


Next

40G: Blood test fee, or

"Paying for a blood test if you break the law as a seafarer with too much alcohol."

Part 4ARegulation of alcohol consumption by seafarers

40FDefences

  1. It is a defence to proceedings for an offence against section 40E if the court is satisfied, on the evidence of a medical practitioner, that the taking of a blood specimen from the defendant would have been prejudicial to the defendant's health.

  2. It is no defence to proceedings for an offence against this Part that a provision forming part of sections 40H to 40P and 40R has not been strictly complied with or has not been complied with at all, provided there has been reasonable compliance with such of those provisions as apply.

  3. It is no defence to proceedings for an offence against section 40E that—

  4. there was or may have been an error in the result of the breath screening test or evidential breath test; or
    1. the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.
      1. It is no defence to proceedings for an offence against this Part in respect of the proportion of alcohol in a defendant's breath that—

      2. there was or may have been an error in the result of the breath screening test or evidential breath test; or
        1. the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test.
          1. It is no defence to proceedings for an offence against this Part in respect of the proportion of alcohol in a defendant's blood that—

          2. there was or may have been an error in the result of the breath screening test or evidential breath test; or
            1. the occurrence or likely occurrence of any such error did not entitle or empower a person to request or require an evidential breath test or a blood test.
              Compare
              Notes
              • Section 40F: inserted, on , by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).