Section 35 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Motor vehicle injury

35 Motor vehicle injury (1) Motor vehicle injury — (a) means— (i) a personal injury suffered because of the movement of a motor vehicle; or (ii) a personal injury suffered because of a stationary motor vehicle being struck by another motor vehicle or some other means of conveyance; but (b) does not include a personal injury that is a work-related mental injury. (2) However, motor vehicle injury does not include a personal injury suffered— (a) in the course of loading, unloading, repairing, or servicing a motor vehicle; or (b) in the course of any use of a motor vehicle other than as a means of conveyance; or (c) in the course of off-road use of a motor vehicle. (3) In subsection (2)(c) , off-road use does not include use that is off-road as a direct result of the motor vehicle being out of control or having been involved in an accident. (4) This section is subject to section 29 (personal injuries that are both work-related and motor vehicle injuries). Compare: 1998 No 114 s 38 Section 35(1): substituted, on 1 October 2008, by section 11 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).