3572
THE NEW ZEALAND GAZETTE
No. 141

effect on children of seeing their parents “swinging” with
other partners. There is no reference, in the written submis-
sions to any effect that such relationships might have on
children, although Dr Colgan did say that restrictions on the
publication were necessary to protect non-consenting adults
and children. We maintain the view expounded earlier in this
decision, that as a matter of commonsense, children who are
involved in such an environment must suffer as a result.

In a limited way, we agree with Dr Colgan’s sub-
mission. In the last 10 years, alternatives to traditional
marriage have arisen. In our present society many people live
together in stable and responsible sexual relationships.
Nothing we have said herein is meant to criticise such
relationships or to direct moral obloquy at persons who live
in such relationships.

While, therefore, we agree with Dr Colgan to that extent,
we simply do not accept that this publication is designed to
effect situations where people will enter into responsible
sexual relationships. Our reading of the advertisements indi-
cates that many are for people who wish to “cheat” on their
partners and for those who wish to merely satisfy their
physical sexual appetites in a casual hedonistic relationship.

Further, while we accept Dr Colgan’s submission that many
people in New Zealand may have experimented with or
fantasised about group sex we do not see that fact as any
reason why we should hold this publication not to be injurious
to the public good.

For all the above reasons we reject Dr Colgan’s evidence
that there may be some social merit in Key Magazine which
could justify or mitigate the otherwise injurious effects of the
publication.

3. THE REMAINING CONSIDERATIONS UNDER SECTION 11

It remains now to discuss what might be called the sub-
sidiary issues under section 11. The considerations of the
issues raised under section 11 (1) (a) and (b) in this case
necessarily involved a consideration of whether persons were
likely to be corrupted by reading the book, whether persons
were likely to benefit from reading the book and whether or
not the book displayed an honest purpose. We have already
ruled against Mr Douglas’ submissions on those points and
we further rule that there is nothing in the publication which
would persuade us pursuant to the provisions of section
11 (2) that there is anything in the publication in the interests
of art, literature, science or learning which would be for the
public good.

Neither in this case is the price of the publication really
a material factor. It sells very cheaply, and therefore the real
question is whether it is sold in a manner that is likely to
enable children and young persons to purchase it.

On this aspect of the matter we accept Mr Douglas’
evidence that Key Magazine is only sold to subscribers,
“adult shops” and to selected stationers. The publication is
not sold through dairies or other mass outlets, and when sold
over the counter in a retail situation the publication is con-
tained in a sealed cellophane bag (so that the contents cannot
be examined without the bag being ripped open) referred to
by Mr Douglas as the “chastity bag”.

However, it must be apparent that even if we accept the
magazine is distributed only to adult readers, that factor
alone cannot save it in view of the findings we have made
as to its purpose and effect.

We have tried to consider this case carefully because
although this decision only relates to the one issue of Key
Magazine, the ramifications of declaring the publication to
be unconditionally indecent may have drastic effects on Mr
Douglas’ publishing interests. We are aware that there have
been subsequent issues of Key Magazine and in fact Mr
Douglas sent us some. We wish to make it quite plain that in
arriving at our decision in this case we paid no regard to
what is contained in the other publications.

For the reasons expressed above we are of the view that
Key Magazine should be declared indecent.

District Court Judge W. M. WILLIS, Chairman.

Boundaries of Franklin County and Papakura City Defined

PURSUANT to section 48 of the Local Government Act 1974,
the Secretary for Local Government hereby defines, as set
out in the Schedules hereto, the boundaries of Franklin
County and Papakura City, those boundaries having been
altered by Order in Council made on 23 February 1981 and
published in the New Zealand Gazette, 5 March 1981, No. 23,
page 479.

FIRST SCHEDULE

BOUNDARIES OF THE COUNTY OF FRANKLIN

ALL that area in the North Auckland Land District, contain-
ing 1419 square kilometres, more or less, bounded by a line
commencing at the easternmost corner of Lot 2, D.P. 12729,
on the sea coast of the Firth of Thames in Block III, Orere
Survey District, and proceeding westerly along the northern
boundary of Lot 2 and along a right line across East Coast
Road to and westerly, southerly, and easterly along the
northern, western, and southern boundaries of that Lot 1 to its
southernmost corner in Block IV, Orere Survey District; thence
westerly along the northern boundary of Wharekawa 4C3D
Block to the southernmost corner of Lot 1, D.P. 43094, in
Block XIV, Wairoa Survey District; thence south-westerly
along the south-eastern boundary of Tapapakanga 1B Block
to its southernmost corner; thence north-westerly along the
north-eastern boundaries of Allotments 94, 95, E. 75, and
the intervening Allotment 155, Otan Parish; to the westernmost
corner of Lot 1, D.P. 61276; thence north-easterly along the
south-eastern boundary of that part of Kiripaka Block shown
on D.P. 2712 crossing the north-eastern boundary of that part
Kiripaka Block to its northernmost corner; thence north-
easterly, north-westerly, and south-westerly along the south-
eastern, north-eastern, and north-western boundaries of that
part of Kiripaka Block shown on D.P. 1918A to its junction
with the northern boundary of Allotment 168; thence north-
westerly and south-westerly along the north-eastern and
south-eastern boundaries of that Allotment 168 to the northernmost
corner of Allotment 74A; thence southerly generally along the
generally western boundaries of Allotments 169, 167, and 158,
to the southernmost corner of Allotment 88 in Block XIII,
Wairoa Survey District; thence north-westerly and south-
westerly along the north-eastern and north-western boundaries
of Allotment 89 to its westernmost corner, all the aforesaid
Allotments being of Otan Parish; thence westerly generally
along the generally southern boundaries of Lot 13, D.P. 49440,
and that boundary produced to the middle of the Wairoa
River in Block XII, Wairoa Survey District; thence northerly
down the middle of that river to a point in line with the
northern boundary of Allotment 112A, Hunua Parish; thence
westerly along a right line to and along the northern boundaries
of that Allotment 112A and Allotment 112 and the last boundary
produced to the middle of the public road forming the western
boundaries of Allotments 112 and 111; thence south-westerly
generally along the middle of that road to and along the
middle of the public road forming the generally northern
boundaries of Allotment 177, to the southern boundary of
Allotment 344; thence north-westerly along a right line to
the intersection of the western boundary of that allotment
with the right bank of Hays Stream and south-westerly
generally along the middle of that public road forming the
south-eastern boundaries of Allotments N. 171 and S. 171;
thence south-westerly along the middle of that road and that
middle line produced south-westerly to its intersection with
the north-eastern boundary of Lot 3, D.P. 15356, in Block I,
Opaheke Survey District; thence north-westerly along the
north-eastern boundaries of that Lot 3 and Allotments 150,
151, 149, 148, 147, and 146, to and south-westerly along
the north-western boundary of Allotment 146, all the aforesaid
allotments being of Hunua Parish, and the northern end of
a closed road, along the north-western side of Ohiwa Road
and Kaipara Road to a point in line with the south-western
boundary of Lot 2, D.P. 91446; thence south-easterly, southerly,
south-westerly and north-westerly along the boundary of the
City of Papakura hereinbefore described to the intersection,
in Block III, Drury Survey District, of the eastern side of the
Auckland-Hamilton motorway with the line of mean high-water
spring tide, of the Manukan Harbour and its creeks and
inlets to, and southerly along, the sea coast of the Tasman
Sea to the left bank of the Waikato River; thence north-
easterly along the left bank of the Waikato River to a point
in line with the south-eastern boundary of Allotment 93,
Onewhero Parish; thence north-easterly along a right line
between the aforesaid point and the westernmost corner of
that public road forming the northern boundary of Allotment
258, Kohoroa Parish, to the middle of the Whangamarino