53—Status of application for amendment of plan
(1) An application
under section 52 for the amendment of a deposited community plan will,
upon being lodged with the Registrar-General, be taken for the purposes of the
Real Property Act 1886 to be an instrument presented for registration and
will have priority over other instruments in accordance with section 56 of
that Act.
(2) Subject to
subsection (3), an application cannot be withdrawn or amended without the
consent of all the persons who have consented to the application.
(3) The
Registrar-General may permit an applicant, or a person who has consented to
the application, to amend the application in order to comply with this Act or
the Real Property Act 1886 or with a requirement of the Registrar-General
under this Act or the Real Property Act 1886 .
(4) The provisions of
the Real Property Act 1886 that apply to, or in relation to, instruments
of a particular class will, subject to this Part, apply (with any necessary
adaptations or modifications) to, or in relation to, an application for the
amendment of a deposited community plan if amendment of the plan by the
Registrar-General—
(a)
would operate to vest in a person under section 55 the same kind of
estate or interest as is vested by registration of instruments of that class;
or
(b)
would discharge or otherwise extinguish an estate or interest in land under
section 55 of the same kind as is discharged or extinguished by
registration of instruments of that class.