Civil Liability Act 2002

An unincorporated organisation may, with the consent of an entity, appoint the entity as a proper defendant for the organisation at any time.

An appointment of a defendant as a proper defendant for an unincorporated organisation is to be made in accordance with the Supreme Court Rules 2000 or, if other rules of the Supreme Court are prescribed for the purposes of this subsection, those other rules.

If the unincorporated organisation is a Government department established under section 11 of the State Service Act 2000 – the State is taken to be appointed as the proper defendant in relation to the organisation; and subsection (1) does not apply in relation to the organisation.