20 AUGUST
THE NEW ZEALAND GAZETTE
2337

Mr Leloir in his submissions on behalf of the Comptroller
of Customs acknowledged the points made by the importer,
and made a similar submission that although the publication
was not directed to the arousal of a prurient interest, it was
not suitable for young persons because of the explicitness of
detail relating to sexual matters. The Tribunal accepts to a
degree the submissions of both the importer and the Compt-
roller.

We think sex education is an important part of a teenager’s
attempt to comprehend and cope with the complexities of
modern society. While we do not feel that this book has
been directed at the education of young adults, its content,
nevertheless, is largely factual, and it deals with difficult issues
of sexuality which may be just as relevant to adolescents as
to mature adults.

For this reason we direct that the book shall be indecent
in the hands of persons under the age of 16.

Dated at Wellington this 6th day of August 1981.

District Court Judge WILLIS, Chairman.

Decision No. 1005
Reference No. Ind. 8/81

Before 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 publication:

Penthouse Volume 11, Nos. 9 and 10 (May and June 1980)
published by Penthouse International Ltd. of New York.

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

Hearing: 21 July 1981.

Decision: 6 August 1981.

Appearances: Mr P. E. Leloir for Comptroller of Customs.
Written submissions for importers, B. Armstrong and J.
Smythe.

DECISION

THESE issues of Penthouse were submitted following seizure
in January 1981. Forfeiture was disputed by each importer.
In decision No. 936 given in December 1979 the Tribunal
made a two-year restriction order in respect of Penthouse
declaring it to be indecent in the hands of persons under the
age of 18 years. In the absence of an application to revoke
or vary the restriction order the Tribunal doubts its juris-
diction to hold these two editions indecent. It should be made
clear that but for the presence of the restriction order the
Tribunal would have no doubt that they would hold it to
be indecent. By decision 845 and in respect of Penthouse
International Magazine Volume 5, No. 11, the then Tribunal
held that it had power to declare a publication indecent
notwithstanding a two-year restriction order classifying it as
indecent in the hands of persons under the age of 18. In the
present case the Comptroller has made no application to
vary or revoke the two-year restriction order and as both
importers made written submission, he did not feel inclined
to consider the application for classification as one to vary
or revoke. The Tribunal doubts its jurisdiction to classify these
two copies as indecent and proposes to refer the matter to
the High Court for guidance. It should be mentioned that
Mr Armstrong has specifically raised the question of juris-
diction so that it becomes desirable to have the matter
clarified.

District Court Judge W. M. WILLIS, Chairman.

Decision No. 1006.
Reference No. Ind. 7/81.

Before the Indecent Publications Tribunal

IN the matter of an application by the Comptroller of
Customs for a decision in respect of the following
publications:

Gone From the Valley, author John Vergara, and Ship’s
Surgeon, author Richard Pierce, both published by Manor
Books (Inc.), 432 Park Avenue South, New York.

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

Hearing: 21 July 1981.

Decision: 6 August 1981.

Appearances: Mr P. E. Leloir for Comptroller of Customs.
Written submissions by importer, Shop Six.

DECISION

THESE single copies were imported and seized on 11 March
1981. Forfeiture has been disputed so that the matter has
been referred to the Tribunal so that the books may be
classified.

In respect of Gone From the Valley the Comptroller’s
submissions were brief. He said this was called the story of
a small town girl who goes to New York. It is full of sexual
episodes, some of them in explicit detail and often couched
in crude language. While the Tribunal would not go so far
as to say it was full of sexual episodes there are enough, all
of which are in explicit detail and all of which are couched
in crude language.

So far as Ship’s Surgeon is concerned it is described by
the Comptroller as a story of a newly qualified doctor who
gets a job on a cruise ship. He goes on to say that the story
is merely a collection of sexual episodes, many in explicit
detail and some couched in crude language. Once again the
Tribunal would not call it merely a collection of sexual
episodes. There are, however, enough of them all being
described in explicit detail and all couched in crude language.

His final submission was that both books have little literary
merit to offset the heavy concentration on the lewd and
prurient aspects of sex. The Tribunal considers neither book of any literary value. The sexual
episodes are, as already stated, couched in the coarsest of
language which would have an appeal only for the lewd and
prurient. It is the Tribunal’s view that the books are injurious
to the public good and should, therefore, be classified as
indecent. They are so classified.

District Court Judge W. M. WILLIS, Chairman.

Reservation of Land

PURSUANT to the Land Act 1948, and to a delegation from
the Minister of Lands, the Assistant Director of Land Admin-
istration, hereby sets apart the land, described in the Schedule
hereto, as a reserve for recreation purposes.

SCHEDULE

TARANAKI LAND DISTRICT—TARANAKI COUNTY

1.9420 hectares, more or less, being Section 54 (formerly
part Section 30), Bell District, situated in Block II, Paritutu
Survey District. Reserves and other Lands Disposal Act 1980,
S.O. Plan 11585.

Dated at Wellington this 7th day of August 1981.

W. J. F. BISHOP,
Assistant Director of Land Administration.

(L. and S. H.O. Res. 6/2/100; D.O. 8/191/1/7)

Appointment of the Bay of Islands Maritime and Historic
Park Board to Control and Manage a Reserve

PURSUANT to the Reserves Act 1977, and to a delegation from
the Minister of Lands, the Commissioner of Crown Lands
hereby appoints the Bay of Islands Maritime and Historic
Park Board to control and manage the reserve, described in
the Schedule hereto, subject to the provisions of the said Act,
as a reserve for historic purposes.

SCHEDULE

NORTH AUCKLAND LAND DISTRICT—BAY OF ISLANDS COUNTY—
MOTUMAIRE HISTORIC RESERVE

4.1707 hectares, more or less, being Sections 8, 9, and 10,
Block IV, Kawakawa Survey District. Part New Zealand
Gazette, 1949, page 2668. S.O. Plan 35095.

Dated at Auckland this 10th day of July 1981.

J. P. BRENT, Commissioner of Crown Lands.

(L. and S. H.O. Res. 2/2/177; D.O. NP 267 8/3/370)