2336
THE NEW ZEALAND GAZETTE
No. 99

shops”, but contend that the publication lacks honesty of purpose and goes too far, and they submit that it be declared unconditionally indecent.

The Venus Shop Ltd., in its submission, made a general statement which indicated that “it is important to note that the shop at which these items were purchased is a shop that caters for the adult population and entry is restricted to those of 18 years and over”. The Venus Shop stated that the “primary purpose of this publication is to advertise objects and apparel for sale on the shop’s premises and further that a High Court jury in October 1980, acquitted this company on charges relating to the sale and exposing for sale of such devices in the same shop” and quoted R v Venus Shop Ltd. T. 46/80.

What has concerned the Tribunal is the fact that each catalogue shows photographs of semi-nude women posed in contrived and provocative positions. These photographs bear no relationship to the different illustrations in the text and it can only be assumed that they are included to enhance sales by appealing to the salacious and prurient. Without the photographs the Tribunal would consider an age restriction, but in their present form it considered that the public good requires that they be classified as indecent.

District Court Judge W. M. WILLIS, Chairman.

Decision No. 1003
Reference No. Ind. 24/80
Before the Indecent Publications Tribunal

In the matter of the Indecent Publications Act 1963, and in the matter of a reference to the Indecent Publications Tribunal by the Minister of Justice of the following publication:

How to Make Love to a Single Woman, published by Eric Weber Press, U.S.A.

Judge W. M. Willis (Chairman), Mrs H. B. Dick, Mr J. V. B. McLinden.

Hearing: 4 November 1980.

Appearances: No appearance of importer, Music World Ltd.

DECISION

This publication comes before the Tribunal by leave given by the Minister of Justice on 20 May 1980 to Music World Ltd., a Christchurch company.

The book is a hard back publication measuring 215 mm × 285 mm containing approximately 119 pages of printed text and black and white photographs.

The book appears to have been published in 1975 and the author has maintained his anonymity by the use of a pseudonym.

The publication came before the Tribunal as a bald reference, without the benefit of submission from either the Minister of Justice or by Music World Ltd., the importer. The absence of any submission has only helped to heighten the difficulty the Tribunal has had in coming to a decision about this publication.

Our difficulty has centred around the fact that the publication inculcates a sophisticated approach and attitude to sexual relationships with their female partners and the fact that the publication may have a deleterious effect on young readers.

The author’s stated purposes in writing the book are best expressed in the following words taken from his introduction (page 3):

“But frankly, I’ve written this book for you guys. I want you to have the attitude and techniques you need to be a dynamite lover. And practice will make you perfect. Remember, all the world loves a lover, but nobody loves him more than a single girl!”

Expressed loosely, the author advocates a ‘live and let live’ attitude to sex. It is a hedonistic and casual attitude towards sexual relations, and could be described as promiscuous (a term that has become rather old fashioned in our permissive society).

Within the bounds of its approach to sexual relations the book is well written, and it not only provides a guide to the physical techniques of lovemaking, but traverses the desirability of emotional considerations in sexual relationships.

The author appears to contend that although attitudes to lovemaking have become more liberal, there is still a broad etiquette to be followed if one wishes to be a ‘successful’ lover.

The author’s advice concerning the niceties of male/female relationships may have some value to the mature reader. The Tribunal’s concern as expressed already, has been to try and assess the effect of the author’s advice, on young readers.

That is a matter that is relevant because of the provisions of section 11 (1) (e) of the Indecent Publications Act which we are bound to consider, namely:

“Whether any person is likely to be corrupted by reading the book . . .”

Insofar as the publication could be said to undermine (in an indirect fashion) our modern society’s attitude to marriage through its advocacy of promiscuity and permissiveness, the book could be said to be corruptive, especially of younger readers.

While we apprehend the possibility that younger readers might be corrupted, we have had difficulty in assessing the likelihood of corruption arising because of the intangible nature of the danger with which we are dealing.

After reflecting on the values and standards present in modern New Zealand society we feel it would be an over-reaction to describe this publication as a threat to the place of marriage or responsible sexual relationships.

We think the publication is aimed at young men in their late teens through to their 20s, and it would have limited appeal to most other readers.

It is our view that many young men go through a stage in their lives when they have casual relationships (which could hardly be described as abnormal) with the opposite sex.

This book has been written to cater for that limited market and we predict the adolescent reader being interested in the philosophy expounded in the book, only as a passing phase in his development.

After due consideration we have decided that this book should not be excluded from the material available at present. However, we think because of the frank text and accompanying photographs, the publication is undesirable for open sale. For this reason we propose to classify the publication indecent in the hands of any person under the age of 16.

Dated at Wellington this 3rd day of August 1981.

District Court Judge WILLIS, Chairman.

Decision No.: 1004.
Reference No.: Ind 3/81.
Before the Indecent Publications Tribunal

IN the matter of the Indecent Publications Act 1963, and in the matter of a reference to the Indecent Publications Tribunal by the Comptroller of Customs of the following publication:

Sexual Dimensions published by Ax Productions, Dayton, Ohio, U.S.A.

Judge W. M. Willis (Chairman), Mesdames H. B. Dick, L. P. Nikera, Messrs J. V. B. McLinden, I. W. Malcolm.

Hearing: 5 February 1981.

Decision: 6 August 1981.

Appearances: Mr P. F. M. Leloir for the Comptroller of Customs. Submissions from the importer, Waverley Publishing Co. Ltd.

DECISION

Sexual Dimension is a non-fiction, soft covered book, 114 pages long.

It appears to have been published in 1970 by Ax Productions in affiliation with an association called “Americans for Contemporary Sex Ethics”.

The stated aim of the book in the foreword is to be “an attempt at a modern and thorough study of the relevance of genital size to sexual performance . . . because there seems to be a real need for the shedding of some academic light on what has been traditionally a subject obscured by ignorance, false modesty, pornographic mythology, scientific conservatism and a dearth of reliable data”.

In the course of its chapters the book discusses such questions as facts and fantasy relating to both male and female genitalia, setting most of the information out with an interesting background of the legal, medical and historical context of the matters under discussion.

This is an unusual work, as recognised by both the importer, Waverley Publishing Co. Limited, and the Comptroller of Customs.

As the importer stated:

“This is a serious and informative publication, which details various facts and myths. The format of this publication, however, does not lend itself suitable for general and unrestricted distribution and we would therefore respectfully submit that an age restriction be applied.”