22 JULY

THE NEW ZEALAND GAZETTE

In classifying as indecent the two books dealt with in
decisions No. 222 and 223, the Tribunal said that “the distinction
between straight enlightenment and pornography (where
people are being got at) is often a nice one. Here it is largely
a matter of tone and quality; the subject deserves an honest
treatment and the proliferation of cheap and shallow manuals
of this kind is in our opinion not in the public interest”.

In those decisions the Tribunal referred to its earlier
decision No. 200, in which the book Sexual Techniques was
found to be acceptable in treatment and quality and allowed
restricted circulation. Mr Downey submitted that Naked Sex
Positions should be classed with Sexual Techniques and not
with the two books rejected in decisions No. 222 and 223.

None of these books has been easy to classify. Two features
of the present book which affect the matter are, firstly, the
slightness of the text accompanying the photographs: it is
sufficient to explain the positions but lacks the fuller discussion
which Sexual Techniques has of individual needs and problems;
and secondly, the title and the cover description (“actual photographs”, “exciting variety in sex positions”) which show, to
some degree, an interest in getting at people. The printing of
the caption on the facing page makes possible the displaying of
the individual photographs in a way that emphasises the
physical act and denies the context within which it is presented
in the book as a whole.

The Tribunal has weighed all these matters and concludes
by a narrow margin that the book should be available to
adults. In reaching its decision, the Tribunal wishes to reiterate
the observation it made in decision No. 178, that restriction
“involves restraints on displays as well as distribution, for
section 21 of the Act makes it clear that the mere exhibition
of a document to any person in whose hands it has been
declared indecent, constitutes an offence of strict liability
under the Act. As with all books so classified, if the Tribunal’s
decisions are enforced, such a restriction effectively precludes
their open display in shops”.

The Tribunal classifies the book Naked Sex Positions as
indecent in the hands of persons under 18 years of age.

R. S. V. SIMPSON, Chairman.

13 July 1971.

No. 306–308

Decision of the Indecent Publications Tribunal

IN the matter of the Indecent Publications Act 1963, and in the
matter of an application by Murdoch Riley, company director,
of Wellington, for decisions in respect of the books Peeping
Tom Illustrated by Alan Gene, Lesbian Expose by Alan Metcalfe, and The Kama Sutra Illustrated by Vatsyayana, all published by Ben’s Books, London, in 1970.

Mr P. J. Downey appeared for the applicant and made submissions.

DECISION OF THE TRIBUNAL

In each of these three paperbacks, the text serves as an excuse
for publishing series of photographs which can only be
described as vulgar and intended to be salacious.

In the first two the text purports to be a discussion of two sexual
deviances, but the seriousness of the text is in inverse proportion
to the provocative poses of the so obviously “staged” photographs. In the case of the Kama Sutra, the photographs bear
no direct relevance to the text, which is adequately available in
authentic editions.

The Tribunal classifies all three as indecent.

R. S. V. SIMPSON, Chairman.

13 July 1971.

No. 309

Decision of the Indecent Publications Tribunal

IN the matter of the Indecent Publications Act 1963, and in the
matter of an application by the Comptroller of Customs for a
decision in respect of the book Sam’s Song by Shirley Schoonover, published in paperback by New English Library in 1971.

There was no appearance of the applicant nor of the publisher’s representative in New Zealand. Accordingly no submissions were made.

DECISION OF THE TRIBUNAL

THIS is a rather bitter-sweet novel, narrated by its protagonist,
a young divorcee, mother of three—unsure of herself, her sex,
perhaps even, sometimes, her identity.

While some fairly explicit sexual activity has its place in the
novel, it is neither over-dominant nor developed out of
character with the individuals portrayed in the book. The relationships between them are genuine ones.

The Tribunal classifies the book as not indecent.

R. S. V. SIMPSON, Chairman.

13 July 1971.

No. 310–311

Decision of the Indecent Publications Tribunal

IN the matter of the Indecent Publications Act 1963, and in the
matter of an application by the Comptroller of Customs for a
decision in respect of the book Teach Yourself Seduction by
Roy Traube, published by New English Library, London, and
in the matter of an application by Murdoch Riley, company
director, of Wellington, for a decision in respect of the book
Sex Fun and Games by Ruy Traube, published by Belmont
Books, New York.

There was no appearance on the application made by the
Comptroller of Customs. Mr P. J. Downey appeared on behalf
of Murdoch Riley and made submissions in respect of the
book Sex Fun and Games.

DECISION OF THE TRIBUNAL

THESE two paperback books by Roy (or Ruy) Traube have a
common purpose and that is to explain the technique of seduction and of love making.

In both books case histories are also detailed to support the
theories of the author. We do not accept the case histories as
being genuine and furthermore we are of the opinion that the
books have no honesty of purpose (section 11 (f)) and in fact
consist of nothing but a recital of sexual experiences described
in prurient language. There are few redeeming features.

The Tribunal classifies the books as indecent.

R. S. V. SIMPSON, Chairman.

13 July 1971.

No. 312–313

Decision of the Indecent Publications Tribunal

IN the matter of the Indecent Publications Act 1963, and in the
matter of an application by the Comptroller of Customs for
decisions in respect of the books Laughs Between the Sheets,
Volumes 1 and 2, published by Humour House.

There was no appearance of the applicant nor of the publisher’s representative in New Zealand. Accordingly no
submissions were made.

DECISION OF THE TRIBUNAL

THESE two paperbacks published by the Humour House consist
of black and white cartoons with captions interspersed with a
series of stories, jokes, limericks, and poems.

Sex is used as the vehicle for the so-called humour. Many of
the stories and the illustrations are in poor taste and vulgar.
There is no merit in the publication. There is enough that
could be depraving for us to classify them as indecent.

The Tribunal classifies the books as indecent.

R. S. V. SIMPSON, Chairman.

13 July 1971.

Price Order No. 2166 (Island Bananas)

PURSUANT to the Control of Prices Act 1947, I, Clifford Ernest
Beard, pursuant to a delegation from the Secretary of Industries and Commerce acting under a delegation from the Price
Tribunal, hereby make the following price order:

1. This Order may be cited as Price Order No. 2166 and
   shall come into force on the 23rd day of July 1971.

2. (1) Price Order No. 2151* is hereby revoked.
   (2) The revocation of the said order shall not affect the
   liability of any person for any offence in relation thereto
   committed before the coming into force of this order.

3. References in this order to metropolitan areas are
   references to the metropolitan areas described in the Schedule
   hereto.

APPLICATION OF THIS ORDER

4. This order applies with respect to Island bananas sold by
   way of retail in New Zealand.