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Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40T: Power to stop and board ships

You could also call this:

"Police can stop and board a ship to check if rules are being followed"

If you are on a ship, an enforcement officer can ask you to stop the ship so they can come on board. This can happen if the officer thinks someone on the ship has broken the rules about drinking alcohol, as stated in section 40C. The officer must be wearing a uniform or a special hat with a badge to do this. You have to stop the ship and let the officer come on board if they ask you to. The ship must stay stopped until the officer has finished what they need to do.

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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=DLM5689983.

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40S: Circumstances in which certificate not admissible in proceedings, or

"When a court doesn't accept a certificate about your alcohol level as evidence in a case about drinking and driving."

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40U: Arrest of seafarers for alcohol-related offences, or

"Police can arrest sailors who break alcohol rules on ships without warning."

Part 4ARegulation of alcohol consumption by seafarers

40TPower to stop and board ships

  1. An enforcement officer who is in uniform, or wearing a distinctive cap, hat, or helmet with a badge of authority affixed to it, may signal or request the master or an officer of a ship to stop and bring the ship to for boarding as soon as is reasonably practicable if—

  2. the enforcement officer has good cause to suspect that a seafarer on board the ship has recently committed an offence against section 40C; or
    1. a safety, security, or environmental incident has occurred involving the use of the ship while the seafarer was performing designated safety, security, or marine environmental duties and the enforcement officer has good cause to suspect that alcohol was a contributing factor.

      1. A ship that is stopped by an enforcement officer under subsection (1) must remain stopped for as long as is reasonably necessary for the enforcement officer to complete the exercise of any powers conferred, or duties imposed, on an enforcement officer by this Part.

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