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Maritime Transport Act 1994

Drug and alcohol testing by Director

40ZA: Worker may request second Director test

You could also call this:

"You can ask for a second drug or alcohol test if you don't agree with the first one"

If you have a drug or alcohol test done by the Director, you can ask for a second test right away. You can ask for this second test to be done for the same substance and using the same method as the first test. The Director has to do the second test if you ask for it.

The second test replaces the first test and its results. This means the results of the second test are used instead of the first test. You cannot ask for another test after the second one.

The Director must follow the rules when doing the second test, as stated in the Maritime Transport Amendment Act 2017. You can have the second test done to make sure the results are accurate. The second test is an important part of making sure the process is fair.

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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=DLM7525623.

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40Z: Director testing, or

"Ship workers can be tested for drugs or alcohol by the Director at any time for safety reasons."

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40ZB: What happens if worker refuses consent or test result is not negative, or

"What happens if a worker says no to a drug test or doesn't pass it"

Part 4BDrug and alcohol testing by Director

40ZAWorker may request second Director test

  1. A worker who has undergone Director testing may, immediately after the test is carried out, ask the Director to carry out a second test for the same substance by the same method.

  2. The Director must carry out a second test requested under this section.

  3. If a second test is carried out under subsection (2),—

  4. that second test and its results replace the first test and its results for the purposes of this Part; but
    1. subsections (1) and (2) do not apply so as to require a further test.

      Notes
      • Section 40ZA: inserted, on , by section 5 of the Maritime Transport Amendment Act 2017 (2017 No 48).