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Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40V: Enforcement officer may prevent seafarers from returning to duty

You could also call this:

"Enforcement officers can stop sick seafarers from working to keep them and others safe"

If you are a seafarer, an enforcement officer can stop you from going back to work if they think you are not well enough to do your job. They can do this if they believe you are not able to work properly because of your physical or mental condition. The officer must think it is necessary to stop you from working to keep you or others safe.

The enforcement officer can tell you not to work for a certain amount of time, send you to a place to rest, or take steps to stop the ship from moving if it is a hazard. They can make these decisions if they think it is necessary.

If you do not follow the officer's instructions, they can arrest you without a warrant, as stated in the Maritime Transport Act 1994, which is related to s 121.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5689985.

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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."

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40W: Evidential status of certain muster lists, or other official records, from ships, or

"What ship records can be used as evidence in court cases about seafarers and alcohol"

Part 4ARegulation of alcohol consumption by seafarers

40VEnforcement officer may prevent seafarers from returning to duty

  1. An enforcement officer may exercise all or any of the powers conferred by subsection (2) if he or she believes on reasonable grounds that—

  2. a seafarer, because of his or her physical or mental condition (however arising), is incapable of carrying out his or her duties properly; and
    1. in all the circumstances, the direction or prohibition or action is necessary in the interests of the seafarer or of any other person or of the public.

      1. The enforcement officer may—

      2. forbid the seafarer to carry out his or her duties for such period as the enforcement officer specifies:
        1. direct the seafarer to a specified place where the seafarer may rest:
          1. take any steps that may be necessary to detain the ship or to remove it to a place where it does not constitute a hazard.

            1. An enforcement officer may arrest without warrant any person who fails to comply with a direction given under this section or does or attempts to do any act that is for the time being forbidden under this section.

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