1202

submitted that a substantial proportion of the photographs were contrived for salacious appeal so as to come within the third category of magazines described in the Waverley decisions (No. 93 to 103).

We agree with Mr Rabone. The series of photographs depict a variety of sexual poses and incidents in a crude and offensive way.

The Tribunal classifies this issue as indecent.

15 June 1973.

R. S. V. SIMPSON, Chairman.

No. 651

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 Mutation Copulation, published by Print Press, California.

Mr Fligg appeared on behalf of the applicant and made submissions. Mr Taylor, the importer, appeared and made submissions.

DECISION OF THE TRIBUNAL

This book is a collection of graphic art works by Lee Conklin, who, according to Mr Taylor, is one of America's leading graphic artists.

The meanings of the various works contained in this book are concerned with the human body and apparently, its various mutations, and with various aspects of copulation. The illustrations seem to have been developed from the realm of the artist's imagination and are intended to expand the consciousness and awareness of the viewer. The designs are highly stylised, extremely intricate and detailed and have a grotesque and nightmarish quality which appears to be a current trend in graphic art.

Apart from one or two of the illustrations, aspects of copulation are not immediately obvious since the illustrations deal more in optical illusion than in sexual blatancy.

This collection of art works is representative of the current trends in graphic art and would appeal mainly to those interested in this field of art

The Tribunal classifies this book as not indecent.

15 June 1973.

R. S. V. SIMPSON, Chairman.

No. 652-653

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 The Image, No. 1 and 3, published by Baroque Press, London.

Mr Fligg appeared on behalf of the applicant and made submissions. Mr Taylor, the importer, appeared and made submissions.

DECISION OF THE TRIBUNAL

These two issues of The Image contain articles, photographs, and graphic illustrations by various British artists, most of whom—the biographical notes state—are employed as photographers, designers, and illustrators.

The articles featured in these two issues concern current trends and new developments in the field of the graphic arts. The photographs and illustrations give visual effect to the subject under discussion. In some instances, however, there is no written presentation apart from the biographical notes on the artist and the photographic series or graphic illustrations stand on their own to convey their message.

The photography and graphics contained in these two magazines have artistic merit and while nudity forms the subject of some of the photographic series and sex the subject of some of the graphic illustrations, neither subject is dwelt upon or given undue emphasis, nor are they treated in any perverse fashion. Indeed, the magazines contain some fine examples of the artistic standards that can be achieved in black and white nude photography. In their treatment of sex, the graphic illustrations are either satirical, humorous, or allegorical. In some instances all three elements are present.

Taking each issue as a whole and having regard to the persons amongst whom they are likely to be distributed we see no reason to restrict them in any way.

The Tribunal classifies these two issues of The Image as not indecent.

15 June 1973.

R. S. V. SIMPSON, Chairman.

No. 654

Decision of the Indecent Publications Tribunal

IN the matter of the Indecent Publications Act 1963, and in the matter of an application by Waverley Publishing Co. for a decision in respect of the book Sex for Women Over 40 by Larabee Gantz, M.D., with Pierce Nace, published by Brandon House, Los Angeles.

Mr Campbell appeared on behalf of the applicant and made submissions.

DECISION OF THE TRIBUNAL

This book consists of a series of case histories of women over 40 concerned about their sex lives.

Although the book has no literary merit, exception cannot be taken to the manner in which the stories are related or the advice given, but it is a book written essentially for adults and the Tribunal considers that its contents and presentation make it unsuitable for younger readers.

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

15 June 1973.

R. S. V. SIMPSON, Chairman.

No. 655

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 Life and Loves of Mr Jiveass Nigger by Cecil Brown, published by Sphere Books Ltd., London.

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

DECISION OF THE TRIBUNAL

The theme of this novel—a young black American's exploring of his selfhood in a diversity of relationships in contemporary Copenhagen—is not swamped by the descriptions of sexual encounters which form an important part of his experience. He has to reckon with a radically disturbing uncertainty as to whether his aggressive possessing of others is not being turned against him so that it is he who is being exposed and made vulnerable to others' perversities. Younger readers may find parts of the novel disturbing and the interests of adult readers are adequately served by allowing the book to circulate with an age restriction.

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

15 June 1973.

R. S. V. SIMPSON, Chairman.

No. 656

Decision of the Indecent Publications Tribunal

IN the matter of the Indecent Publications Act 1963, and in the matter of an application by Waverley Publishing Co. for a decision in respect of the book Misty by James McQuade, published by the Sherbourne Press.

Mr Campbell appeared on behalf of the applicant and made submissions.

DECISION OF THE TRIBUNAL

This hard-cover book published by the Sherbourne Press, retail price about NZ$6.50 is an "Adult fantasy in visuals" by artist James McQuade. It is claimed to be an intermingling of satire, social comment, sex, suspense, and adventure and perhaps a scathing indictment and a frightening portent of things to come. The "American visual", which has apparently come to stay, is a story told by a series of drawings and captions in the comic strip style.