Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40Q: Presumptions relating to blood specimens

You could also call this:

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

If you are in court for breaking a rule about drinking alcohol as a seafarer, some things are assumed to be true unless someone proves otherwise. You are assumed to be the person who gave the blood specimen if the certificate says so and has your name, address, and job on it. The person who tested your blood specimen is assumed to be allowed to do their job.

If the blood specimen was sent to a doctor in a special sealed kit, it is assumed the kit had a special substance to keep the blood from going bad. When you give a blood specimen, you or your lawyer can ask for copies of the certificates about your specimen. The prosecutor must give you these copies if you ask for them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5689980.


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

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


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40R: Presumptions relating to alcohol-testing, or

"What happens if a seafarer's alcohol test shows they have been drinking"

Part 4ARegulation of alcohol consumption by seafarers

40QPresumptions relating to blood specimens

  1. In proceedings for an offence against this Part, it is to be presumed, in the absence of proof to the contrary, that,—

  2. if a certificate referred to in section 40P names a person having the same name, address, and occupation as the defendant as the person from whom the specimen of blood was taken, the specimen was taken from the defendant:
    1. every approved analyst who signed a certificate referred to in section 40O(5) was duly authorised to sign it:
      1. if the container in which a blood specimen (or part of a blood specimen) was placed was received by a medical practitioner or medical officer in a sealed blood specimen collecting kit, the container contained a substance (whether or not a combination or mixture of 2 or more substances) and that substance was a preservative and anti-coagulant.
        1. On the request of a person from whom a blood specimen has been taken under section 40L or 40M, or of the person's lawyer, copies of any certificates referred to in subsection (1) that relate to that blood specimen must be supplied by the prosecutor to the person making the request.

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