✨ Legal and Tribunal Decisions
11 MAY
THE NEW ZEALAND GAZETTE
1369
that the name of Peter Joseph Owens be struck off the Roll of Barristers and the Roll of Solicitors of the Supreme Court of New Zealand, and further ordered that the said Peter Joseph Owens pay the New Zealand Law Society $1,600.00 by way of costs.
Dated at Wellington this 12th day of April 1978.
W. D. L’ESTRANGE, Acting Registrar.
Notice of Approval of Bylaws
PURSUANT to section 165 of the Harbours Act 1950, I, Owen John Conway, of the Ministry of Transport, in exercise of powers delegated by the Minister of Transport, hereby approve the Marlborough Harbour Board Bylaws No. 249 to No. 263 inclusive, made and adopted by the Marlborough Harbour Board on 26 February 1974.
Dated at Wellington this 5th day of May 1978.
O. J. CONWAY, for Secretary for Transport.
(M.O.T. 54/14/53)
No. 894
Decision of the Indecent Publications Tribunal
IN the matter of the Indecent Publications Act 1963, and in the matter of an application by ARTHUR CHARLES TYERS for a decision in respect of the publication The Eternal Triangle to be published by the appellant.
BEFORE THE INDECENT PUBLICATIONS TRIBUNAL
Messrs L. M. Greig (Chairman), D. M. Wylie, Mrs L. Edmond, Miss W. M. Rolleston, and Mrs H. B. Dick.
Hearing: 16 March 1978.
Appearances: Mr A. C. Tyers on own behalf.
DECISION OF THE TRIBUNAL
This publication comes before the Tribunal in manuscript form for consideration before publication. It comprises a series of sketches in somewhat crude form of the female nude. It is apparently produced as a type of comic strip publication in which the intention is to make jokes about the vaginal area.
The whole publication is ugly and degrading in its treatment of the female form, and is both indecent and insulting to women. There is no redeeming feature and as a picture story book likely to be read by children cannot be classified for any specified age group.
The Tribunal therefore declares this book to be indecent.
Dated at Wellington this 5th day of May 1978.
LAURENCE M. GREIG, Chairman.
(Reference No: Ind. 16/77)
No. 895
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 Weekend Sex published by Scandinavian Picture.
BEFORE THE INDECENT PUBLICATIONS TRIBUNAL
Messrs L. M. Greig (Chairman), D. M. Wylie, Mrs L. Edmond, Miss W. M. Rolleston, and Mrs H. B. Dick.
Hearing: 16 March 1978.
Appearances: Mr P. Leloir for Comptroller of Customs. Miss P. Bartlett. Written submissions from both parties were considered.
DECISION OF THE TRIBUNAL
This magazine is a Danish publication comprising a text in Danish, and a series of explicit photographs of sexual activity. It is of a type which has seldom been before the Tribunal and can, we think, be described as hardcore pornography.
It comes before the Tribunal as the importer has disputed forfeiture by the Customs Department. The importer is Miss Bartlett but she is only technically the importer, since the magazine was sent to her unsolicited as an alleged example of sex education material used by Danish authorities in schools.
Miss Bartlett in lengthy submissions to us explained how the book had been sent to her. At that time she had not seen the magazine. After perusing it at the hearing at the invitation of the Tribunal she stated that it was the most obscene book she had ever seen. However, she still sought a “specialist restriction classification” to permit it to be used by the national executive of the Society for Promotion of Community Standards (Inc.). In essence, she wished to retain the magazine for the purposes of the Society and in particular to show it to persons concerned with the education and welfare of children, “so they will be informed as to what depth of depravity sex education can descend, as has happened in Denmark, if there is no parental right of choice or control in the matter.”
The magazine is plainly indecent and in itself has no redeeming feature. We do not accept that there is any literary or artistic merit or any medical, legal, political, social or scientific importance whatsoever in this magazine. Its publication in New Zealand would be injurious to the public good, and it is in no way a magazine which has any value in the fields of art, literature, science or learning.
The purposes for which Miss Bartlett seeks a restriction classification do not cause us to change our classification as the laws and attitudes relating to censorship and sex education in New Zealand are quite different to those of the country of the magazine’s origin.
The Tribunal declares this magazine to be indecent.
Dated at Wellington this 5th day of May 1978.
LAURENCE M. GREIG, Chairman.
(Reference No. Ind. 2/78)
No. 896
Decision of the Indecent Publications Tribunal
IN the matter of the Indecent Publications Act 1963, and in the matter of an application by PLAYBOY PUBLICATIONS INCORPORATED for a decision in respect to the following publications: Oui Volume 6, Nos. 6 and 7 (June and July 1977), published by the above-named applicant:
BEFORE THE INDECENT PUBLICATIONS TRIBUNAL
Messrs L. M. Greig (Chairman), D. M. Wylie, Miss W. M. Rolleston, and Mrs H. B. Dick.
Hearing: 8 November 1977.
Appearances: Mr R. A. Heron for Playboy Publications Incorporated. Mr P. E. Leloir for Comptroller of Customs.
DECISION
In their submissions, the Customs Department argued that the dominant effect of these two issues of Oui was similar to that identified by the Tribunal as the principal reason for classifying volume 4, No. 10 as indecent (Decision 854). The Tribunal shares this view and for the same reasons that volume 4, No. 10 was considered unacceptable for adult reading, finds these two issues unacceptable also.
The submission made on behalf of the distributor by Mr Heron did not claim that there had been any great change in the overall content of Oui since the decision made in April 1976. The claim made that new standards have developed, while relevant if a longer time period is taken into account, can hardly apply to a period substantially less than 2 years since the previous decision.
The Tribunal classifies these two magazines as indecent.
Dated this 5th day of May 1978.
LAURENCE M. GREIG, Chairman.
(Reference No. Ind. 11/77)
The Standards Act 1965—Standard Specifications Revoked
PURSUANT to section 23 of the Standards Act 1965, the Standards Council, on 28 April 1978, revoked the undermentioned standard specifications.
Number and Title of Specifications
NZS 2238:1968 Precast concrete drainage and pressure pipes. (Superseded by NZS 3107)
NZS 2276:— (BS 1991: Pt. 1:1967) General.
*Part 1:1969 (BS 1991: Pt. 1:1967) General.
†Part 3:1971 (BS 1991: Pt. 3:1961) Fluid mechanics.
†Part 5:1971 (BS 1991: Pt. 5:1961) Applied thermodynamics.
*Part 6:1969 (BS 1991: Pt. 6:1963) Electrical science and engineering.
*A later edition of this part of this British standard has been endorsed as suitable for use in New Zealand.
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VUW Te Waharoa —
NZ Gazette 1978, No 39
NZLII —
NZ Gazette 1978, No 39
✨ LLM interpretation of page content
⚖️
Disciplinary Order Under Law Practitioners Act
(continued from previous page)
⚖️ Justice & Law Enforcement12 April 1978
Law Practitioners, Disciplinary Committee, New Zealand Law Society, Peter Joseph Owens
- Peter Joseph Owens, Name struck off the Roll of Barristers and Solicitors
- W. D. L'Estrange, Acting Registrar
🚂 Approval of Marlborough Harbour Board Bylaws
🚂 Transport & Communications5 May 1978
Harbours Act, Bylaws, Marlborough Harbour Board
- Owen John Conway, for Secretary for Transport
⚖️ Decision of the Indecent Publications Tribunal on *The Eternal Triangle*
⚖️ Justice & Law Enforcement5 May 1978
Indecent Publications Act, Tribunal Decision, Comic Strip, Female Nude
- Arthur Charles Tyers, Applicant for decision on publication
- Laurence M. Greig, Chairman
⚖️ Decision of the Indecent Publications Tribunal on *Weekend Sex*
⚖️ Justice & Law Enforcement5 May 1978
Indecent Publications Act, Tribunal Decision, Pornography, Customs
- P. Bartlett, Importer of the magazine
- Laurence M. Greig, Chairman
⚖️ Decision of the Indecent Publications Tribunal on *Oui* Volume 6, Nos. 6 and 7
⚖️ Justice & Law Enforcement5 May 1978
Indecent Publications Act, Tribunal Decision, Magazine, Playboy Publications
- Laurence M. Greig, Chairman
🏭 Revocation of Standard Specifications
🏭 Trade, Customs & IndustryStandards Act, Standard Specifications, Revocation