New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 40M

40M Who 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—

a) the medical practitioner who is in immediate charge of the examination, care, or treatment of the person; or

b) another medical practitioner or a medical officer.

2 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—

a) the medical practitioner who is in immediate charge of the examination, care, or treatment of the person; or

b) another medical practitioner or a medical officer.

3 Whether or not a person has consented to the taking of the specimen and whether or not the person is capable of giving consent, the medical practitioner who is in immediate charge of the examination, care, or treatment of the person in a hospital or medical centre —

a) may take a blood specimen or cause a blood specimen to be taken by another medical practitioner or a medical officer; and

b) must either take a blood specimen or cause a blood specimen to be taken by another medical practitioner or a medical officer, if an enforcement officer requests him or her to do so.

4 If the specimen originally taken is insufficient for the purposes of the relevant blood specimen collecting procedure, the medical practitioner who is in immediate charge of the examination, care, or treatment of the person may take or cause to be taken by another medical practitioner or a medical officer a further blood specimen (which further specimen is for the purposes of this Part 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.

5 Despite subsections (1) to (4), a blood specimen may be taken from a person under any provision of this section only if the medical practitioner or medical officer—

a) has reasonable grounds to suspect that the person—

i) is a seafarer; and

ii) is in the hospital or medical centre as a result of—

A) an accident or incident involving the use of a ship:

B) an injury or a medical condition arising subsequent to an accident or incident involving the use of a ship; and

b) 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

c) tells the person (unless the person is unconscious) that the blood specimen is being or was taken under this section for evidential purposes.

6 If a blood specimen is taken under this section from a person who is unconscious, the medical 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.

7 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.

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

Note: 1998 No 110 s 73

History: Section 40M: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).   Section 40M heading: amended, on 30 November 2022, by section 75(1) of the Statutes Amendment Act 2022 (2022 No 75).     Section 40M(1): amended, on 30 November 2022, by section 75(2) of the Statutes Amendment Act 2022 (2022 No 75).     Section 40M(2): amended, on 30 November 2022, by section 75(2) of the Statutes Amendment Act 2022 (2022 No 75).     Section 40M(3): amended, on 30 November 2022, by section 75(2) of the Statutes Amendment Act 2022 (2022 No 75).     Section 40M(5)(a)(ii): amended, on 30 November 2022, by section 75(2) of the Statutes Amendment Act 2022 (2022 No 75).     Section 40M(7): amended, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).