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Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40N: Procedure for dealing with blood specimens

You could also call this:

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

When a blood specimen is taken from you under section 40L or 40M, it must be dealt with in a special way. This means it must be sent to a laboratory that is approved to analyse it. The laboratory will look after the specimen and analyse it.

If the blood specimen is taken under section 40L, an enforcement officer must send it to the laboratory within 7 days. They can send it by courier, registered post, or another way. The laboratory will then analyse the specimen.

If the blood specimen is taken under section 40M, the doctor who took it must send it to the laboratory within 7 days. They must also tell the Commissioner which laboratory they sent it to and who the specimen came from.

You can ask for your blood specimen to be analysed by a private analyst if you want to. You or your lawyer must apply to the Commissioner to do this. The Commissioner will then send your application to the laboratory that has your specimen.

The laboratory will send your specimen to the private analyst you chose if your application is okay. They will send it by registered post, courier, or another way.

If you want to apply to have your specimen analysed by a private analyst, you must do it in writing. You must apply within 28 days of being charged with an offence. Your application must include your name, address, and occupation, as well as the date of the alleged offence. You must also say who you want to analyse your specimen and their address.

A blood specimen can be destroyed one year after it is sent to the laboratory. This is what happens to specimens that are sent to approved laboratories.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5689977.

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Part 4ARegulation of alcohol consumption by seafarers

40NProcedure for dealing with blood specimens

  1. A blood specimen taken under section 40L or 40M must be dealt with in accordance with the relevant blood specimen collecting procedure.

  2. In the case of a blood specimen taken under section 40L, an enforcement officer must, within 7 days after the date on which the specimen was taken, deliver or cause to be delivered (whether by courier or otherwise), or post by registered post or cause to be posted by registered post, the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure.

  3. In the case of a blood specimen taken under section 40M, the medical practitioner or medical officer by whom the specimen was taken must,—

  4. within 7 days after the date on which the specimen was taken, deliver or cause to be delivered (whether by courier or otherwise), or post or cause to be posted by registered post, the blood specimen to an approved laboratory for its analysis and custody in accordance with the relevant blood specimen collecting procedure; and
    1. if, at the time the blood specimen is taken, there is more than 1 approved laboratory, give the Commissioner written notification of—
      1. the approved laboratory to which the blood specimen was (or is being) delivered or posted; and
        1. the seafarer from whom the blood specimen was taken.

        2. If a seafarer from whom a blood specimen was taken wishes to have the specimen analysed by a private analyst,—

        3. the seafarer (or the seafarer's lawyer) may apply to the Commissioner in accordance with subsection (6); and
          1. if the application complies with subsection (6),—
            1. the Commissioner, or a person authorised for the purpose by the Commissioner, must forward a copy of the application to the approved laboratory to which the blood specimen taken from the seafarer was delivered or posted under subsection (2) or (3); and
              1. that laboratory must send by registered post, personal delivery, or delivery by courier the blood specimen, held for the purpose, to the private analyst specified in the application.

              2. If an application under subsection (4) does not comply with subsection (6), the Commissioner or authorised person may refuse to forward a copy of the application to the approved laboratory.

              3. An application under subsection (4)(a) must—

              4. be made in writing to the Commissioner not later than 28 days after—
                1. the date on which a summons in respect of an offence against this Part (which offence is an offence arising out of the circumstances in respect of which the blood specimen was taken) is served on the defendant; or
                  1. if the defendant is arrested under a warrant under section 34 of the Criminal Procedure Act 2011 in respect of any such offence, the date on which the defendant is arrested; or
                    1. in any case to which subparagraph (i) or (ii) does not apply, the date on which the defendant is first charged in court with any such offence; and
                    2. state the full name, address, and occupation of the defendant and the date of the alleged offence; and
                      1. identify the private analyst to whom the part of the blood specimen is to be sent and the address of the private analyst.

                        1. A blood specimen sent to an approved laboratory under subsection (2) or (3) may be destroyed at any time later than 1 year after the date the specimen was so sent.

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