entirely overshadowed by the striking photographs. These are
frankly erotic but avoid suggestiveness. The book will offend
some who come across it, but it cannot be said to be indecent
in terms of the Act. It can be allowed to find its normal limited
market without restriction.

The Tribunal classifies this book as not indecent.

R. S. V. SIMPSON, Chairman.

13 March 1972.

No. 432–5

Decision of the Indecent Publications Tribunal

IN the matter of the Indecent Publications Act 1963, and in
the matter of an application by the Secretary for Justice for
a decision in respect of the book Sexual Harmony by Louisa
Rowett, published by Fitzwilliam Publishing Co., and in the
matter of applications by the Comptroller of Customs for
decisions in respect of the following books: Ways of Loving
(fourth reprint) anonymous, Love Love Love In Action by
W. F. Robie, M.D., both published by Gadoline Ltd., Surrey,
Intercourse (tenth printing), anonymous, published by Gold
Star Publications (Australia) Pty Ltd.

There was no appearance of the applicants nor of the
publisher's representative in New Zealand of Sexual Harmony.
Mr MacNeill, solicitor, appeared on behalf of the intended
importer of Ways of Loving and Love Love Love In Action
and made submissions. Mr Downey, solicitor, appeared on
behalf of the publisher's representative in New Zealand of
Intercourse and made submissions.

DECISION OF THE TRIBUNAL

THE Tribunal has now considered 10 publications which con-
sist of photographs of sexual intercourse with a varying
amount of text. Although in principle this form of information
has been judged acceptable, there are distinctions to be drawn
and it may be useful to attempt a statement of these.

So far the books fall into 3 categories:

(a) Those which—(1) Are serious in intention;
(2) Are natural and restrained in presentation;
(3) Are accompanied by straightforward
text;
(4) Deal with the basic variations of nor-
mal intercourse; and
(5) Carry an assumption explicit, or
implied, of the more complex re-
lationship of love.

These are classified as indecent in the hands of persons
under 16 years unless being instructed by parent or other
proper adviser (decisions 85, 200, 367, and 368).

(b) Those similar to ones in group (a) but including more
advanced techniques (e.g. oral sex).

These are classified as indecent in the hands of persons
under 18 years (decisions 305 and 382).

(c) Those which—(1) Are suspect in intention;
(2) Are exaggerated, tasteless, or insen-
sitive in presentation;
(3) Deal with perverted or illegal forms
of sexual activity;
(4) Include a text which is irrelevant to
the photographs or debasing in tone;
and
(5) Make no allowance for any elements
in the relationship other than the
acrobatics.

These are classified as indecent (decisions 222 and 223).

Applying the principles enunciated above, the Tribunal
classifies the magazines which are the subject of this applica-
tion as follows:

Ways of Loving as (a), namely: indecent in the hands of
persons under 16 years unless being instructed by parents or
other proper adviser.

Sexual Harmony as (b), namely: indecent in the hands of
persons under 18 years.

Intercourse as (b), namely: indecent in the hands of persons
under 18 years.

Love Love Love In Action as (c), namely: indecent.

R. S. V. SIMPSON, Chairman.

13 March 1972.

No. 436–7

Decision of the Indecent Publications Tribunal

IN the matter of the Indecent Publications Act 1963, and in
the matter of an application by Marketing Services Ltd. for
decisions in respect of the magazines Penthouse, Vol. 6, No. 3,
published by Penthouse Publications Ltd, and Exclusive Man,
Vol. 3, No. 9, published by New English Library, London.

Mr Downey, solicitor, appeared on behalf of the applicant
and made submissions.

DECISION OF THE TRIBUNAL

Penthouse is a well-established international magazine for
men. Earlier numbers were considered by the Tribunal in
decisions No. 38 and 157. Decision No. 38 dealt with numbers
3, 4, and 5 and decision No. 157 dealt with Volume 4, No. 3,
and in all cases the magazines were classified as indecent.

In decision No. 38 the Tribunal stated that the magazines
aimed at no more than an appeal to sex to assist the sale of
the publication. This cannot be said of the number we are
now considering. This issue contains serious and informative
articles some of which deal with subjects on sex and there
are also articles and illustrations in lighter vein. Taking the
issue as a whole and in spite of some features which some
may consider offensive or in poor taste, the Tribunal has
decided to classify it as not indecent.

Exclusive Man, on the other hand, is not in the same class
as the Penthouse magazine. The articles and the stories deal
with sex in a manner that cause us to classify it as indecent in
the hands of persons under the age of 18 years.

R. S. V. SIMPSON, Chairman.

13 March 1972.

No. 438–9

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 Nest of Vixens by
Marcus Van Heller and Big Man in the Saddle by Mullin
Garr, both published by Ophelia Press Inc., New York.

There was no appearance of the applicant nor of the pub-
lisher's representative in New Zealand. Accordingly no sub-
missions were made.

DECISION OF THE TRIBUNAL

THE stories related in these 2 paperback books are purely
vehicles for the description of crude, vulgar, perverted, sexual
activities. They are indecent and do not merit description.

The Tribunal classifies them both as indecent.

R. S. V. SIMPSON, Chairman.

13 March 1972.

No. 440

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 The Sexual Side of Life
by Don James, published by Gold Star Publications (Australia)
Pty Ltd.

There was no appearance of the applicant. Mr Downey,
solicitor, appeared on behalf of the publisher's representative
in New Zealand and made submissions.

DECISION OF THE TRIBUNAL

THIS paperback book describes and discusses a series of com-
posite case histories dealing mainly with sexual deviations.
The author does not lay claim to any special qualifications and
it is questionable whether the book can be regarded as a
serious study. The main part of the book dwells in consider-
able detail on the case histories of the abnormalities.

Taking into consideration section 11 of the Act, the Tribunal
is of the view that it is neither necessary nor desirable that
this particular material should be available to younger people.

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

R. S. V. SIMPSON, Chairman.

13 March 1972.