Plain language law

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Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

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

You could also call this:

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

If you are in a hospital or medical centre, you must let a doctor take a blood sample from you. The doctor who is looking after you can take the blood sample, or they can ask another doctor to do it. You have to do this even if you do not want to.

If you are unconscious, the doctor can still take a blood sample from you. The doctor will decide if it is safe to take the blood sample. They will tell you later that they took the blood sample, if you were unconscious.

The doctor can take another blood sample if the first one is not enough. They can do this even if you do not agree, as long as they think it is safe. You can find more information about this in the Maritime Transport Act 1994.

If the doctor takes a blood sample from you, you cannot sue them for doing it. This is because the law says they can take the blood sample in certain situations. But if the doctor does something wrong when taking the blood sample, you might be able to sue them for that.

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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=DLM5689976.

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

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

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40N: Procedure for dealing with blood specimens, or

"What happens to your blood sample after it's taken by the police or a doctor"

Part 4ARegulation of alcohol consumption by seafarers

40MWho must give blood specimen in hospital or medical centre

  1. A person who is under examination, care, or treatment in a hospital or medical centre must permit a blood specimen to be taken from the person by—

  2. the medical practitioner who is in immediate charge of the examination, care, or treatment of the person; or
    1. another medical practitioner or a medical officer.

      1. If a person under examination, care, or treatment in a hospital or medical centre is unconscious, a blood specimen may be taken from the person under this section by—

      2. the medical practitioner who is in immediate charge of the examination, care, or treatment of the person; or
        1. another medical practitioner or a medical officer.

          1. Whether or not a person has consented to the taking of the specimen and whether or not the person is capable of giving consent, the medical practitioner who is in immediate charge of the examination, care, or treatment of the person in a hospital or medical centre—

          2. may take a blood specimen or cause a blood specimen to be taken by another medical practitioner or a medical officer; and
            1. must either take a blood specimen or cause a blood specimen to be taken by another medical practitioner or a medical officer, if an enforcement officer requests him or her to do so.

              1. If the specimen originally taken is insufficient for the purposes of the relevant blood specimen collecting procedure, the medical practitioner who is in immediate charge of the examination, care, or treatment of the person may take or cause to be taken by another medical practitioner or a medical officer a further blood specimen (which further specimen is for the purposes of this Part to be treated as a part of the original blood specimen taken from the person), whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.

              2. Despite subsections (1) to (4), a blood specimen may be taken from a person under any provision of this section only if the medical practitioner or medical officer—

              3. has reasonable grounds to suspect that the person—
                1. is a seafarer; and
                  1. is in the hospital or medical centre as a result of—
                    1. an accident or incident involving the use of a ship:
                      1. an injury or a medical condition arising subsequent to an accident or incident involving the use of a ship; and
                    2. has examined the person and is satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
                      1. tells the person (unless the person is unconscious) that the blood specimen is being or was taken under this section for evidential purposes.

                        1. If a blood specimen is taken under this section from a person who is unconscious, the medical practitioner or medical officer who took the specimen must notify the person in writing as soon as practicable that the specimen was taken under this section for evidential purposes.

                        2. No civil or criminal proceedings may be taken against the Crown, Health New Zealand, or any other person in respect of the taking of a blood specimen under this section, or in respect of the sending of a blood specimen to an approved laboratory, on the ground of lack of consent of a person whose consent to the taking of the blood specimen would have been otherwise required by law if this section had not been enacted.

                        3. Nothing in subsection (7) applies to any proceeding on the ground of any negligent act or omission in the taking of a blood specimen.

                        Compare
                        Notes
                        • Section 40M: inserted, on , by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                        • Section 40M heading: amended, on , by section 75(1) of the Statutes Amendment Act 2022 (2022 No 75).
                        • Section 40M(1): amended, on , by section 75(2) of the Statutes Amendment Act 2022 (2022 No 75).
                        • Section 40M(2): amended, on , by section 75(2) of the Statutes Amendment Act 2022 (2022 No 75).
                        • Section 40M(3): amended, on , by section 75(2) of the Statutes Amendment Act 2022 (2022 No 75).
                        • Section 40M(5)(a)(ii): amended, on , by section 75(2) of the Statutes Amendment Act 2022 (2022 No 75).
                        • Section 40M(7): amended, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).