Indecent Publications Tribunal Decisions




11 SEPTEMBER
THE NEW ZEALAND GAZETTE
2717

offensive nor capable of involving the harms we
identify, and because of its importance in conveying
ideas.

I recognise that representational photography, for those
entrusted with the perplexing task of deciding between
the acceptable and non-acceptable, is one of the nicest
problems of line drawing which must be faced.

I think that every item which comes before the Tribunal for
decision must be measured against the definition of inde-
cency, and the considerations contained in s. 11 of the
Act which are not exhaustive. However, I think that a
book or sound recording is likely to be indecent and
injurious to the public good if:

  1. It is predominantly concerned with the prurient and
    lewd aspects of sex; and

  2. The exact subject-matter is described, depicted or
    expressed in a patently offensive manner so as to con-
    centrate attention and reaction on the prurient and lewd
    aspects of sex; and

  3. The work looked at in its entirety had negligible literary
    or artistic merit, and is otherwise not redeemed by its
    medical, legal, political, social, or scientific character or
    importance.

  4. The likelihood of corruption far outweighs possible
    benefit.

  5. The sincerity of purpose which produced the item is
    gravely in question.

Bearing in mind the criteria set out in that judgment, I
think it can be said with certainty that this book is likely
to be injurious to the public good because it fails to meet any
of the matters mentioned at the end of the quotation.

The Tribunal classifies it as indecent.

Dated at Wellington this 25th day of August 1980.

Judge W. M. WILLIS, Chairman.


Decision No. 957
Reference No. 1/80

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
in respect of the publication Xavier's Supersex, published by
the New American Library Inc.

BEFORE THE INDECENT PUBLICATIONS TRIBUNAL

Judge W. M. Willis (chairman).

Mesdames L. Edmond, H. B. Dick, L. P. Nikera.

Hearing: 11 March 1980.

Appearances: Mr P. E. Leloir for Comptroller of Customs.

Decision

This publication was imported commercially at Auckland
in August 1979. Forfeiture is disputed by the importer, Shop
Six, which has made written submissions.

The publication is reputed to be a book of sexual techniques
designed to result in greater pleasure in sexual relationships.
As well as advice on normal straight forward sexual techniques,
this book describes and encourages matters of deviate sex,
such as lesbianism, bondage, and wife swapping.

Considerable doubt is raised with regard to the honesty of
purpose of the authors. The work, looked at as a whole, has
little or no literary or artistic merit and is not redeemed by
other characteristics. Whilst it is not as explicit as many books
of similar type it is concerned solely with sex and with the
more extreme sexual activities. There is little in the book to
recommend it to the public good.

The Tribunal classifies this book as indecent.

Dated at Wellington this 25th day of August 1980.

Judge W. M. WILLIS, Chairman.


Decision No. 958
Reference No. 2/80

Decision of the Indecent Publications Tribunal

IN the matter of the Indecent Publications Act 1963, and in
the matter of an application by William Collins Publishers
Limited for a decision in respect of the following publication: Gates of Fire, published by Fontana Paperbacks.

BEFORE THE INDECENT PUBLICATIONS TRIBUNAL

Judge W. M. Willis (chairman).

Mesdames L. Edmond, H. B. Dick, L. P. Nikera.

Mr J. V. B. McLinden.

Hearing: 22 April 1980.

No Appearances.

Decision

This book has been submitted to the Tribunal by the
importers, William Collins Publishers Limited, for classifi-
cation. The company did not make any submissions.

This book was first published in the United States in 1978.
It is a novel of little literary quality, the story of a drug ring
that wants to break in to the large market in India. Because
of their experiences in India the group decides to destroy the
drug, but before they can do so the character carrying the
drug is murdered and it falls in to the hands of Indian
criminals.

The book contains explicit descriptions of sodomy on
males and females, multiple sex and some scenes depicting
sexual sadism. However, it is clearly not written primarily
to appeal to the prurient or lascivious reader, but to describe
a woman's journey towards mystical awareness as shown her by
an Indian guru.

The Tribunal is of the opinion that in the hands of adult
readers this book would not be injurious and classifies it as
indecent except in the hands of persons 18 years and over.

Dated at Wellington this 25th day of August 1980.

Judge W. M. WILLIS, Chairman.


Decision No. 959
Reference No. 2/80

Decision of the Indecent Publications Tribunal

IN the matter of the Indecent Publications Act 1963, and in
the matter of an application by William Collins Publishers
Limited for a decision in respect of the following publica-
tion: Making Love, The Picador Book of Erotic Verse
published by Pan Books Limited.

BEFORE THE INDECENT PUBLICATIONS TRIBUNAL

Judge W. M. Willis (chairman).

Mesdames L. Edmond, H. B. Dick, L. P. Nikera.

Mr J. V. B. McLinden.

Hearing: 22 April 1980.

No Appearances.

Decision

This book was referred to the Tribunal for classification by
William Collins Publishers Limited. No submissions were
made by the company.

The editor and compiler of this anthology of verse has
prepared it, as he explains in the introduction, for general
reading as well as for serious students of poetry hoping that
the book will “delight and instruct a tolerant public”. The
range of material is very wide; there are selections from
Greek, Latin, and Hebrew verse in translation and from
English and European poetry by such acknowledged masters
as Chaucer, Herrick, Shakespeare, Byron, Baudelaire, Yeats
and Lorca. There are some bawdy ballads of more modern
vintage. It has literary merit and plainly is honest in its
purpose of covering erotic verse over the centuries. It may
well be that some of the earlier poems were considered risque
in their time. Without the inclusion of recent work the volume
would be incomplete. While some of the verse would doubt-
less have more attraction for the younger group, it seems
clear to the Tribunal that the book is aimed at the serious
student and the more mature reader. The Tribunal classifies
it as not indecent.

Dated at Wellington this 25th day of August 1980.

Judge W. M. WILLIS, (Chairman).


Decision No. 960
Reference No. 44/79, 49/79, 50/79

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 following publications: Pokin Fun, published anonymously; Late Night Extra,
published by Inter man International Management Inc.;



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⚖️ Decision of the Indecent Publications Tribunal (continued from previous page)

⚖️ Justice & Law Enforcement
25 August 1980
Indecent Publications, Tribunal Decision, Classification
  • Judge W. M. Willis, Chairman

⚖️ Decision of the Indecent Publications Tribunal regarding Xavier's Supersex

⚖️ Justice & Law Enforcement
25 August 1980
Indecent Publications, Tribunal Decision, Classification, Xavier's Supersex
  • Judge W. M. Willis, Chairman
  • Mesdames L. Edmond, H. B. Dick, L. P. Nikera
  • Mr P. E. Leloir for Comptroller of Customs

⚖️ Decision of the Indecent Publications Tribunal regarding Gates of Fire

⚖️ Justice & Law Enforcement
25 August 1980
Indecent Publications, Tribunal Decision, Classification, Gates of Fire
  • Judge W. M. Willis, Chairman
  • Mesdames L. Edmond, H. B. Dick, L. P. Nikera
  • Mr J. V. B. McLinden

⚖️ Decision of the Indecent Publications Tribunal regarding Making Love, The Picador Book of Erotic Verse

⚖️ Justice & Law Enforcement
25 August 1980
Indecent Publications, Tribunal Decision, Classification, Making Love, The Picador Book of Erotic Verse
  • Judge W. M. Willis, Chairman
  • Mesdames L. Edmond, H. B. Dick, L. P. Nikera
  • Mr J. V. B. McLinden

⚖️ Decision of the Indecent Publications Tribunal regarding Pokin Fun and Late Night Extra

⚖️ Justice & Law Enforcement
25 August 1980
Indecent Publications, Tribunal Decision, Classification, Pokin Fun, Late Night Extra
  • Judge W. M. Willis, Chairman
  • Mesdames L. Edmond, H. B. Dick, L. P. Nikera
  • Mr J. V. B. McLinden