New Zealand Acts

MARITIME TRANSPORT ACT 1994 - SECT 40Q

40Q Presumptions relating to blood specimens

1 In proceedings for an offence against this Part, it is to be presumed, in the absence of proof to the contrary, that,—

a) if a certificate referred to in section 40P names a person having the same name, address, and occupation as the defendant as the person from whom the specimen of blood was taken, the specimen was taken from the defendant:

b) every approved analyst who signed a certificate referred to in section 40O(5) was duly authorised to sign it:

c) if the container in which a blood specimen (or part of a blood specimen) was placed was received by a medical practitioner or medical officer in a sealed blood specimen collecting kit, the container contained a substance (whether or not a combination or mixture of 2 or more substances) and that substance was a preservative and anti-coagulant.

2 On the request of a person from whom a blood specimen has been taken under section 40L or 40M , or of the person's lawyer, copies of any certificates referred to in subsection (1) that relate to that blood specimen must be supplied by the prosecutor to the person making the request.

Note: 1998 No 110 s 76

History: Section 40Q: inserted, on 23 October 2013, by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).