28 JUNE
THE NEW ZEALAND GAZETTE
No. 649
DECISION OF THE TRIBUNAL
Decision of the Indecent Publications Tribunal
It was stated for the Customs Department that this book
had been submitted to the Tribunal to get a ruling on the
question of an age limitation, which had been the subject
of disagreement between the Department and the New
Zealand distributors. We were informed that several ship-
ments of the book had already entered New Zealand and
been on sale in some shops.
The book is basically a collection of photographs of
the birth of a child, with a linking descriptive text. The
photographs are very clear and explicit, but we do not
find this treatment of natural childbirth as a human rite
of celebration, to be in any way serving a salacious purpose.
Lucidity, naturalness, and honesty are its hallmarks; and
this realistic portrayal of childbirth should be freely available
in New Zealand. We do not consider that an age restriction
would serve any useful purpose.
The Tribunal classifies this book as not indecent.
15 June 1973.
R. S. V. SIMPSON, Chairman.
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 magazine William and John, Vol. 1, No. 3, published by W. J. Publishing Co., Australia.
Mr Bathgate appeared on behalf of the applicant.
Mr Quirke, solicitor, appeared on behalf of the publisher's
representative in New Zealand and made submissions.
DECISION OF THE TRIBUNAL
This is the third issue of a new monthly magazine published
in Australia. There is no indication in the issue before us
as to when it commenced publication.
It is quite frankly homosexual in character. Its editorial
policy is the subject of an article in this issue. It states
that the "'straight societies' [sic] attitude towards the homo-
sexual is a great injustice. As their attitude is ignorance
and lack of understanding the only way to change it is
to show them the true character of the Australian
homosexual. ... We want William and John to be ... a
publication that, whilst not forgetting that homosexuals relate
better to their own sex, treats them as the normal people
that they are by providing interesting and informative articles."
Including soft covers, it comprises a total of 60 pages.
Twelve of these are devoted to nude photographs of males
which out of the context in which they are placed, we
would not necessarily judge to be indecent. There is also
advertising on twelve pages and some of this offends. Some
of the classified advertisements have a homosexual implica-
tion, and books which have been classified by the Tribunal
as indecent are displayed in one advertisement. The remain-
ing 32 pages comprise stories, articles, cartoons, and reviews,
and a little less than half of this space is devoted to
homosexuality.
The treatment of this subject appears to go beyond accept-
ing the practice as a fact of life to be sympathetically
understood or compassionately condoned. There appears in
places a conscious effort to show the homosexual life as
attractive and glamorous, and this we feel could have in
the wrong hands a corrupting influence and hinder the
development of healthy patterns of behaviour, particularly
in the immature. We cannot accept that glamourising the
homosexual life is not socially harmful. To allow this publica-
tion unrestricted circulation would be contrary to the intention
of the Indecent Publications Act.
Mr Quirke, in making submissions to the Tribunal, said
that it was not the intention of the publishers that the
magazine should be freely displayed and on sale on book-
stalls, but it would be for subscribers only. The Tribunal
accepts that a restriction of this kind would be helpful
in meeting the objections we have to free circulation and
the display and advertising for sales. The magazine Evergreen
was, in decision No. 190 of 16 December 1969, restricted
in this way.
The Tribunal therefore classifies this number of the
magazine William and John as indecent except in the hands
of those persons who have current annual subscriptions.
15 June 1973.
R. S. V. SIMPSON, Chairman.
No. 650
Decision of the Indecent Publications Tribunal
IN the matter of the Indecent Publications Act 1963, and
in the matter of a reference to the Tribunal under
section 12 (1) of the said Act by the Magistrate's Court
at Wellington for a decision and report in terms of the
said section in respect of the magazine Girl Illustrated,
Vol. 5, No. 15, published by Plant News, London.
Mr Rabone and Mr Trendle, solicitors, appeared on behalf
of the Police and made submissions. Mr Heron, solicitor,
appeared on behalf of the publisher's representative in New
Zealand and made submissions.
DECISION AND REPORT
Mr Rabone submitted that the issue of the magazine before
the Tribunal was substantially the same in content, presenta-
tion, and object as Vol. 5, No. 17, which the Tribunal
classified as indecent in decision 568 (New Zealand Gazette,
31 October 1972) delivered on 10 October 1972. He also
No. 647
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 (N.Z.)
Ltd. for a decision in respect of the book Zodiac Sex Secrets,
published by Anchor Press, Australia.
Mr Downey, solicitor, appeared on behalf of the applicant
and made submissions
DECISION OF THE TRIBUNAL
This book consists of a number of photographs of naked
and recumbent women whose sleeping positions are said
to reveal their zodiac signs. Accompanying notes purport
to interpret what these positions mean in terms of the
human personality, especially its sexuality. All this interpreta-
tion seems to be no more than a spurious trimming to gain
currency for a set of photographs aimed at a much less
cerebral response. For instance, there is an index of the
Zodiac signs listing the appropriate page numbers in the
book, but the pages which follow have no numbers at all.
Some of the poses portrayed are worse than others but
the effect of them all is to pander to prurient absorption
in sexual matters.
The Tribunal classifies this book as indecent.
15 June 1973.
R. S. V. SIMPSON, Chairman.
No. 648
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 publication Fapto, No. 9,
published by Fapto, England.
Mr Fligg appeared on behalf of the applicant and made
submissions. Mr Taylor, the importer, appeared and made
submissions.
DECISION OF THE TRIBUNAL
We have only a single issue of Fapto to consider and
are therefore unable to judge whether this is fairly
representative of its normal contents. In contrast to Oz,
this issue of Fapto indicates that it has a rather greater
and more overt concentration on sex than on general socio-
political comment.
It is another representative of the group of publications
frequently described as the alternative press, and we would
not wish to see it totally restricted.
However, because of the explicitness of some of the sexual
side of its contents, we consider an age restriction is required.
The Tribunal classifies Fapto, No. 9 as indecent in the
hands of persons under the age of 16 years.
15 June 1973.
R. S. V. SIMPSON, Chairman.