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Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40L: Who must give blood specimen at places other than hospital or surgery

You could also call this:

"Seafarers must give a blood sample if they can't or won't do a breath test"

If you are a seafarer, you must let a doctor take a blood sample from you in certain situations. You have to do this if you did not take a breath test when you were asked to, or if your breath test result seems positive. You also have to do this if the breath testing device is not available where you are.

You might need to go with an enforcement officer to another place to have the blood sample taken. If the first blood sample is not enough, you have to let the doctor take another one right away. The second sample is treated as part of the first one.

If you do not do what the enforcement officer asks, they can arrest you without a warrant. This can happen if you do not go with them to have the blood sample taken, or if you leave before the doctor is ready to take it. You can be arrested if you do not follow the rules about blood tests, as stated in section 40I and section 40R(3)(a).

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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=DLM5689975.

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40K: Right to elect blood test, or

"You can choose a blood test if you're a seafarer who fails a breath test"

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40M: Who must give blood specimen in hospital or medical centre, or

"When you're in hospital, doctors can take a blood sample from you, even if you don't want them to."

Part 4ARegulation of alcohol consumption by seafarers

40LWho must give blood specimen at places other than hospital or surgery

  1. A seafarer must permit a medical practitioner or medical officer to take a blood specimen from the seafarer when required to do so by an enforcement officer if—

  2. the seafarer fails or refuses to undergo without delay an evidential breath test after having been required to do so by an enforcement officer under section 40I; or
    1. the seafarer has undergone an evidential breath test under section 40I(4), and—
      1. it appears to the officer that the test is positive; and
        1. within 10 minutes of being advised by an enforcement officer of the matters specified in section 40R(3)(a), the seafarer advises the officer that the seafarer wishes to undergo a blood test; or
        2. an evidential breath testing device is not readily available at the place to which the seafarer has accompanied an enforcement officer under section 40I (whether or not at the time the requirement was made it was likely that the seafarer could undergo an evidential breath test at that place) or to which the seafarer has been taken under arrest (as the case may be), or for any reason an evidential breath test cannot then be carried out at that place; or
          1. the officer has arrested the seafarer under section 40U and has good cause to suspect that the seafarer has committed an offence against any of sections 40C to 40E, and—
            1. a medical practitioner has examined the seafarer and believes that the seafarer may be under the influence of alcohol; or
              1. the seafarer has refused to be examined by a medical practitioner for the purposes of this paragraph.

              2. An enforcement officer may exercise the powers in subsection (1) in addition to any breath screening tests under section 40H or evidential breath tests under section 40I.

              3. A seafarer who has been required by an enforcement officer under subsection (1) to permit the taking of a blood specimen must, without delay after being requested to do so by a medical practitioner or medical officer, permit that medical practitioner or medical officer to take a blood specimen from the seafarer.

              4. If it is not practicable for a blood specimen to be taken from a seafarer by a medical practitioner or medical officer at a place where the seafarer has been required under this section to permit the taking of a blood specimen, the seafarer must accompany an enforcement officer to any other place where it is likely that a blood specimen can be taken from the seafarer by a medical practitioner or medical officer if the officer requires the seafarer to do so.

              5. If a blood specimen taken under this section is insufficient for the purposes of the relevant blood specimen collecting procedure,—

              6. the seafarer from whom the specimen was taken must permit a medical practitioner or medical officer to take a further blood specimen immediately after being requested to do so by the medical practitioner or medical officer; and
                1. a further blood specimen so taken is to be treated as part of the original blood specimen taken from the seafarer.

                  1. An enforcement officer may arrest a seafarer without warrant if the seafarer—

                  2. fails or refuses to accompany an enforcement officer to a place when required to do so under this section; or
                    1. having accompanied an enforcement officer to a place under this section, fails or refuses to remain at that place until requested by a medical practitioner or medical officer to permit a blood specimen to be taken under this section.

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