18—Status of plan and application
(1) The plan and the
application for division will, upon being lodged with the Registrar-General,
be taken for the purposes of the Real Property Act 1886 to be a single
instrument presented for registration and will have priority over other
instruments in accordance with section 56 of that Act.
(2) Subject to
subsection (3), the plan or the application to which it relates 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withdrawn or amended without the consent of all the persons who have consented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 or the plan to which it relates 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, a plan and the
application for division if deposit of the plan in the Lands Titles
Registration Office—
(a)
would operate to vest in a person under section 23 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 23 of the same kind as is discharged or extinguished by
registration of instruments of that class.