Plain language law

New Zealand law explained for everyone

Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40P: Certificates of compliance for evidential breath-testing devices

You could also call this:

"Proof that breath-testing devices on ships are working correctly"

When you are breath-tested on a ship, the device used must meet certain standards. The device must have a certificate of compliance, which is like a special report that says the device is working correctly. This certificate can be given under this law or under section 75A of the Land Transport Act 1998.

If you are taken to court for having too much alcohol in your breath, the police must show the court a copy of the certificate of compliance. This copy must be certified by a person authorised by the Commissioner, which means they have to sign it to say it is a true copy. The certificate of compliance is very important because it is used as proof that the device was working correctly.

In court, the certificate of compliance is accepted as proof of what it says, unless someone can prove it is wrong. If someone shows a document that looks like a certificate of compliance, it is accepted as one unless someone can prove it is not genuine. The person who signs the certificate must have the authority to do so, and their signature is accepted as proof of that authority.

The Minister of Police decides what information must be included in a certificate of compliance for each type of breath-testing device. They do this after talking to the Minister and the Minister of Justice, and they make it public in a notice. The notice says things like how long the device can be used for and how often it must be checked, and it requires the certificate to include certain information, such as the date it was issued and a statement that the device is being maintained correctly.

You can find out more about how these notices are published by looking at Part 3 of the Legislation Act 2019. These notices are a type of law called secondary legislation.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM5689979.

Previous

40O: Certificates in proceedings, or

"Using special papers as proof in court for drinking alcohol on ships"

Next

40Q: Presumptions relating to blood specimens, or

"What is assumed to be true when a seafarer's blood is tested for alcohol in court"

Part 4ARegulation of alcohol consumption by seafarers

40PCertificates of compliance for evidential breath-testing devices

  1. An evidential breath-testing device must be supported by a certificate of compliance given under this section or section 75A of the Land Transport Act 1998 by a person authorised for the purpose by the Science Minister.

  2. At any trial or defended hearing for an offence involving excess breath alcohol recorded by the device (being an offence committed on or after the commencement of this section), the prosecution must produce to the court a certified copy of the certificate of compliance, and the certificate must be provided by a person authorised for the purpose by the Commissioner and must state that the copy is a true copy of the original certificate.

  3. Subject to subsection (4), a certificate of compliance or a certified copy of it that is produced under subsection (2) is for all purposes conclusive evidence of the matters stated in the certificate, and neither the matters stated in the certificate nor the manufacturer's specifications for the device concerned may be challenged, called into question, or put in issue in any proceedings in respect of an offence involving excess breath alcohol recorded by the device.

  4. In the absence of proof to the contrary, a document purporting to be a certificate of compliance or a certified copy of a certificate of compliance—

  5. must be treated as such a certificate or certified copy; and
    1. is conclusive evidence of the sufficiency of the authority of the person who signed the document.

      1. After consultation with the Minister and the Minister of Justice, the Minister of Police must, by notice, specify for each kind of evidential breath-testing device the matters that are required to be stated in a certificate of compliance.

      2. Without limiting subsection (5), the notice given under subsection (5) must—

      3. be, in the case of any kind of evidential breath-testing device approved after the commencement of this section, given in conjunction with the notice approving that kind of device:
        1. specify the maximum period of service for the relevant kind of device, and must require a certificate of compliance to specify the date on which that period began or begins:
          1. specify the maximum period permitted between the date on which a certificate of compliance is issued and the date by which a test result must be obtained, and must require a certificate of compliance to specify the date on which the certificate of compliance was issued:
            1. require a certificate of compliance to include a statement to the effect that the device is being maintained in accordance with the manufacturer's specifications.

              1. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Compare
              Notes
              • Section 40P: inserted, on , by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).
              • Section 40P(5): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
              • Section 40P(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).