Land Transport (Blood Specimen Collecting Instrument and Procedure) Notice 2014

Version as at 28 October 2021

Coat of Arms of New Zealand

Land Transport (Blood Specimen Collecting Instrument and Procedure) Notice 2014

(LI 2014/319)

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This notice is administered by the New Zealand Police.

Pursuant to section 2(1) of the Land Transport Act 1998, and after consulting the Science Minister and the Minister of Transport about the approval of an instrument (other than a needle and syringe) as a blood specimen collecting instrument, the Minister of Police gives the following notice.

Notice

1 Title

This notice is the Land Transport (Blood Specimen Collecting Instrument and Procedure) Notice 2014.

2 Commencement

This notice comes into force on 1 December 2014.

3 Interpretation

(1)

In this notice, unless the context otherwise requires,—

vacutainer means a tube or tube-like container (that may contain a substance, or combination or mixture of substances, that is a preservative and anti-coagulant)—

(a)

evacuated to create inside it a partial vacuum that helps draw a volume of blood; or

(b)

into which a volume of blood has been drawn with the help of the partial vacuum created inside it when, formerly, it was evacuated

vacutainer blood collecting system means an instrument—

(a)

of a kind designed for the taking of blood specimens; and

(b)

that is a system that consists of components of the following kinds:

(i)

vacutainers received in or taken from 1 or more sealed blood specimen collecting kits; and

(ii)

needles designed for use with vacutainers (whether or not received in or taken from 1 or more sealed blood specimen collecting kits, and used with or without all other (if any) related fittings, tubing, or holders); and

(iii)

all other (if any) essential or optional system components (whether or not received in or taken from 1 or more sealed blood specimen collecting kits, and including, but not limited to, any covers or other protective or safety features).

(2)

Terms or expressions used but not defined in this notice but defined in the Act have, unless the context otherwise requires, the same meaning as in the Act.

Instrument: additional kind approved by Minister of Police

4 Vacutainer blood collecting system approved

This clause approves, for the purposes of paragraph (b) of the definition of blood specimen collecting instrument in section 2(1) of the Act, a vacutainer blood collecting system.

Procedure: general

5 Relevant blood specimen collecting procedure

(1)

By way of explanation,—

(a)

blood specimen collecting procedure is defined by section 2(1) of the Act as the taking of a blood specimen by a blood specimen collecting instrument in a manner prescribed by the Minister of Police; and

(b)

a notice prescribing the procedure is secondary legislation (see section 2(6) of the Act).

(2)

For the purposes of sections 72 to 74 of the Act, the relevant blood specimen collecting procedure is,—

(a)

for a blood specimen taken by a needle and syringe, the procedure prescribed by clauses 6 to 8; and

(b)

for a blood specimen taken by a vacutainer blood collecting system, the procedure prescribed by clauses 9 to 11.

Clause 5(1)(a): amended, on 28 October 2021, by regulation 93(1) of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).

Clause 5(1)(b): replaced, on 28 October 2021, by regulation 93(2) of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).

Procedure: needle and syringe

6 Division of blood specimen into 2 parts

(1)

When taking a blood specimen for the purposes of sections 72 to 74 of the Act, a health practitioner or medical officer must divide the blood specimen into 2 parts, being—

(a)

1 part for analysis by an approved laboratory; and

(b)

1 part for custody by an approved laboratory and, if required under section 74(5)(b)(ii) of the Act, later sending or delivery to a private analyst.

(2)

The blood specimen referred to in section 74(3), (4), (5)(b)(i), and (7)(a)(i) of the Act is both parts of the blood specimen.

(3)

The blood specimen referred to in section 74(5)(b)(ii) of the Act is the 1 part of the blood specimen held in custody by the approved laboratory and referred to in subclause (1)(b).

Clause 6(1): amended, on 7 November 2018, by clause 4 of the Land Transport (Blood Specimen Collecting Instrument and Procedure) Amendment Notice 2018 (LI 2019/3).

7 Blood specimen parts to be put in separate containers

(1)

The health practitioner or medical officer must put the blood specimen parts into separate blood specimen containers taken from 1 or more sealed blood specimen collecting kits.

(2)

Each blood specimen container must then have a lid put on it, and a tamper-evident security seal applied to it.

Clause 7(1): amended, on 7 November 2018, by clause 5 of the Land Transport (Blood Specimen Collecting Instrument and Procedure) Amendment Notice 2018 (LI 2019/3).

8 Blood specimen taken under section 72 to be handed to enforcement officer

A health practitioner or medical officer who takes a blood specimen under section 72 of the Act must, after tamper-evident security seals are applied to the blood specimen containers, hand them to an enforcement officer.

Clause 8: amended, on 7 November 2018, by clause 6 of the Land Transport (Blood Specimen Collecting Instrument and Procedure) Amendment Notice 2018 (LI 2019/3).

Procedure: vacutainer blood collecting system

9 Drawing of blood specimen into 2 vacutainers

(1)

When taking a blood specimen for the purposes of sections 72 to 74 of the Act, a health practitioner or medical officer must draw the blood specimen into 2 vacutainers, being—

(a)

1 part held in 1 vacutainer for analysis by an approved laboratory; and

(b)

1 part held in 1 vacutainer for custody by an approved laboratory and, if required under section 74(5)(b)(ii) of the Act, later sending or delivery to a private analyst.

(2)

The blood specimen referred to in section 74(3), (4), (5)(b)(i), and (7)(a)(i) of the Act is both parts of the blood specimen held in both vacutainers.

(3)

The blood specimen referred to in section 74(5)(b)(ii) of the Act is the 1 part of the blood specimen held in 1 vacutainer held in custody by the approved laboratory and referred to in subclause (1)(b).

Clause 9(1): amended, on 7 November 2018, by clause 7 of the Land Transport (Blood Specimen Collecting Instrument and Procedure) Amendment Notice 2018 (LI 2019/3).

10 Requirements for vacutainers

(1)

The vacutainers used by the health practitioner or medical officer must be taken from 1 or more sealed blood specimen collecting kits.

(2)

Each vacutainer must, after the volume of blood has been drawn into it, have a tamper-evident security seal applied to it.

Clause 10(1): amended, on 7 November 2018, by clause 8 of the Land Transport (Blood Specimen Collecting Instrument and Procedure) Amendment Notice 2018 (LI 2019/3).

11 Blood specimen taken under section 72 to be handed to enforcement officer

A health practitioner or medical officer who takes a blood specimen under section 72 of the Act must, after tamper-evident security seals are applied to the vacutainers, hand them to an enforcement officer.

Clause 11: amended, on 7 November 2018, by clause 9 of the Land Transport (Blood Specimen Collecting Instrument and Procedure) Amendment Notice 2018 (LI 2019/3).

Revocation

12 2011 collecting procedure notice revoked

The Land Transport (Blood Specimen Collecting Procedure) Notice 2011 (SR 2011/378) is revoked.

Dated at Wellington this 20th day of October 2014.

Hon Michael Woodhouse,
Minister of Police.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 23 October 2014.

Notes
1 General

This is a consolidation of the Land Transport (Blood Specimen Collecting Instrument and Procedure) Notice 2014 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247): regulation 93

Land Transport (Blood Specimen Collecting Instrument and Procedure) Amendment Notice 2018 (LI 2019/3)