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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Enforcement procedures involving taking of blood specimens

73: Who must give blood specimen in hospital or medical centre

You could also call this:

"When you're in hospital, a health worker can take a blood sample from you."

Illustration for Land Transport Act 1998

If you are in a hospital or medical centre, you must let a health practitioner take a blood specimen from you. You have to do this if you are being examined, cared for, or treated in a hospital or medical centre. A health practitioner is a person who looks after your health. If you are unconscious, a health practitioner can still take a blood specimen from you. The health practitioner in charge of your care can take the specimen or ask another health practitioner to do it. They must tell you that they are taking the specimen, unless you are unconscious. A health practitioner can take another blood specimen if the first one is not enough. They can do this even if you do not agree to it. You cannot take legal action against the health practitioner or the hospital for taking the blood specimen without your consent. If you are unconscious when the specimen is taken, the health practitioner must tell you in writing as soon as possible that they took the specimen. This is so you know what happened while you were unconscious.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434836.

Topics:
Health and wellbeing > Healthcare services
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72: Who must give blood specimen at places other than hospital or medical centre, or

"When you must give a blood sample to a doctor or nurse if asked by a police officer"

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73A: Purposes for which blood specimen taken under section 72 or 73 may be used as evidence, or

"How the police can use your blood sample as evidence when driving"

Part 6Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures involving taking of blood specimens

73Who must give blood specimen in hospital or medical centre

  1. A person who is under examination, care, or treatment in a hospital or medical centre must permit a blood specimen to be taken from the person by—

  2. the health practitioner who is in immediate charge of the examination, care, or treatment of the person; or
    1. another health practitioner or a medical officer.

      1. If a person under examination, care, or treatment in a hospital or medical centre is unconscious, a blood specimen may be taken from the person under this section by—

      2. the health practitioner who is in immediate charge of the examination, care, or treatment of the person; or
        1. another health practitioner or a medical officer.

          1. The health practitioner who is in immediate charge of the examination, care, or treatment of the person in a hospital or medical centre—

          2. may take a blood specimen or cause a blood specimen to be taken by another health practitioner or a medical officer; and
            1. must either take a blood specimen or cause a blood specimen to be taken by another health practitioner or a medical officer, if an enforcement officer requests him or her to do so,—
                1. whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.

              1. If the specimen originally taken is insufficient for the purposes of the relevant blood specimen collecting procedure, the health practitioner who is in immediate charge of the examination, care, or treatment of the person may take or cause to be taken by another health practitioner or a medical officer a further blood specimen (which further specimen is for the purposes of this Act to be treated as a part of the original blood specimen taken from the person), whether or not the person has consented to the taking of the specimen and whether or not the person is capable of giving consent.

              2. Despite subsection (3), a blood specimen may be taken under any provision of this section only if the health practitioner—

              3. has reasonable grounds to suspect that the person is in the hospital or medical centre as a result of—
                1. an accident or incident involving a motor vehicle:
                  1. an injury or a medical condition arising subsequent to an accident or incident involving a motor vehicle; and
                  2. has examined the person and is satisfied that the taking of the blood specimen would not be prejudicial to the person's proper care or treatment; and
                    1. tells the person (unless the person is unconscious) that the blood specimen is being or was taken under this section for evidential purposes.

                      1. If a blood specimen is taken under this section from a person who is unconscious, the health practitioner or medical officer who took the specimen must notify the person in writing as soon as practicable that the specimen was taken under this section for evidential purposes.

                      2. No civil or criminal proceedings may be taken against the Crown, Health New Zealand, or any other person in respect of the taking of a blood specimen under this section, or in respect of the sending of a blood specimen to an approved laboratory, on the ground of lack of consent of a person whose consent to the taking of the blood specimen would have been otherwise required by law if this section had not been enacted.

                      3. Nothing in subsection (7) applies to any proceeding on the ground of any negligent act or omission in the taking of a blood specimen.

                      Compare
                      Notes
                      • Section 73 heading: amended, on , by section 12(1) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(1): amended, on , by section 12(2)(a) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(1)(a): amended, on , by section 12(2)(b) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(1)(a): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(1)(b): amended, on , by section 12(2)(b) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(1)(b): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(2): amended, on , by section 12(3)(a) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(2)(a): amended, on , by section 12(3)(b) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(2)(a): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(2)(b): amended, on , by section 12(3)(b) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(2)(b): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(3): amended, on , by section 12(4)(a) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(3): amended, on , by section 12(4)(b) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(3): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(3)(a): amended, on , by section 12(4)(a) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(3)(a): amended, on , by section 34(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 73(3)(a): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(3)(b): amended, on , by section 12(4)(a) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(3)(b): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(4): amended, on , by section 12(5) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(4): amended, on , by section 34(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 73(4): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(5): amended, on , by section 12(6) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(5): amended, on , by section 34(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 73(5): amended, on , by section 37(a) of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 73(5): amended, on , by section 37(b) of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 73(5): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                      • Section 73(5)(a): substituted, on , by section 17 of the Land Transport Amendment Act 2009 (2009 No 17).
                      • Section 73(5)(a): amended, on , by section 12(7) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(6): amended, on , by section 12(8) of the Land Transport Amendment Act 2016 (2016 No 77).
                      • Section 73(7): amended, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
                      • Section 73(7): amended, on , by section 34(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 73(7): amended, on , by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).