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THE NEW ZEALAND GAZETTE
No. 123

itself in the finish lacks honesty of purpose and ran off the
rails of that which might be described as creative director-
ship. We do not known enough about the film (nor really is
it our function) to condemn it. However, for the reasons
and misgivings we have already expressed we think we have
enough information before use to be able to classify the May
1980 issue as indecent.

Before concluding we should advert to the submissions
received from Mr Smyth who was one of the importers. He
complained that as an adult and as a regular subscriber to
Penthouse he was not likely to be corrupted by reading the
2 present issues. This is a point often made by importers
but it is enough to say that the Tribunal does not classify
the publication for the benefit of the importer but for the
community at large. As to the question of the reader's
maturity, we refer Mr Smyth to our comments in the recent
Penthouse decision where those matters are dealt with. They
are directly applicable to the present case as well.

Mr Smyth also complained that the May 1980 issue of
Penthouse was equally (if not more) forthright as the present
issue. He argued that if the May issue had passed the Tribunal
we would have to pass this issue.

We have not at any stage seen the May 1981 issue of
Penthouse. We have no power to rule on publications other
than those specifically referred to us and as we have already
said, the May issue was not.

It may be some answer to Mr Smyth's complaint of possible
discrimination that when we did have cause to examine some
1981 issues (in decision No. 1033) we noted with concern
the marked deterioration in the photographic sections of the
magazine, and in fact ruled one indecent, and said (stretching
tolerance to the limits) that the others were close to the line.
It is for the very reason that we are concerned about in-
dividual issues of the publication that we refuse to make a
section 15A order to impose a general restriction on Pent-
house for the next 2 years. If standards continue to decline
further issues of Penthouse could easily be individually
declared indecent.

The final point was that Mr Smyth complained about the
action of the distributor in failing to import the magazine.
He stated that they appeared to be more interested in pro-
tecting their profits (lest the banning of the present publications
should prejudice further imports of the magazine) at the
cost of the well-being of the subscribing public.

We think the opposite is the case. Gordon and Gotch appear
to be sensible distributors and importers. As a result of advice
received by them on the standard of the 2 issues the subject of
this decision they decided the risk of condemnation was
too high. They were right (insofar as their assessment of the
Tribunal's view was concerned). In the circumstances the
distributor seems to have acted in an eminently responsible
manner.

In conclusion we do not think it is necessary to traverse
the remaining specific matters in section 11 (1) (b-f) in any
detail. They have been taken into account, but cannot help
to save the present issues. Much of what was said about
subsidiary issues in decision No. 1033 is applicable to the
present issues.

For the above reasons we declare Penthouse (U.S. Edition)
Volume 11, Nos. 9 and 10), (May and June 1980) to be
indecent.

W. M. WILLIS, District Court Judge, Chairman.

Decision No. 1039
Reference No. Ind 11/82

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:

Centurians Whole Catalog of the Exotic and Bizarre, pub-
lished by Centurian Publications, California:

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

Hearing: 25 May 1982.

Decision: 7 October 1982.

Appearances: Mr McNiece for Comptroller of Customs.
Written submissions from importer, Mr M. R. Hewton.

DECISION

This private importation was seized from the post in Auck-
land. It has been referred for classification because forfeiture
is disputed. While some of the photographs are grotesque
(some could be said to be unobjectionable) the whole purpose
of the magazine is to promote the bizarre. Bondage appliances
feature entirely through the 146 pages while most of the
products advertised depict nude or near-nude females attired
in bondage gear. The Tribunal has had occasion recently to
consider other bondage publications and it pointed out that
in the wrong hands dangerous practices could result (decision
No. 1026).

The Comptroller sought a classification of indecency but in
a lengthy submission Mr Hewton finished by claiming the
right as a citizen of New Zealand to make his own decision
on what he could or should be able to read in his own home.
That, of course, is the argument which has developed between
those who maintain that there should be no censorship of
books and the opposing view of those who consider that the
views of this Tribunal are, if anything, too liberal. It is the
Tribunal's function to administer the Act as it is drawn. The
substance of decision No. 1026 has a direct relationship with
some of the contents of this publication so that in the end
result the Tribunal agrees with the submission of the Com-
ptroller that the magazine should be classified as indecent.

W. M. WILLIS, District Judge, Chairman.

The High Court Sittings 1983

We, three of the Judges of the High Court of New Zealand
in pursuant of the powers vested in us by the Judicature Act
1908, hereby appoint that during the year 1983 sittings of the
High Court for the dispatch of civil and criminal business
will be held at The High Court Houses in the following places:

AUCKLAND

CRIMINAL TRIALS AND CIVIL ACTIONS BEFORE JUDGE AND JURY
As from 1 February, the Court will sit each week commencing
on Monday.

ALL OTHER CLASSES OF BUSINESS
The Court will sit each weekday from 1 February.

WELLINGTON

CRIMINAL TRIALS AND CIVIL ACTIONS BEFORE JUDGE AND JURY
As from 1 February, the Court will sit each week commencing
on Monday.

ALL OTHER CLASSES OF BUSINESS
The Court will sit each weekday from 1 February.

CHRISTCHURCH

CRIMINAL TRIALS AND CIVIL ACTIONS BEFORE JUDGE AND JURY
As from 1 February, the Court will sit each week commencing
on Monday.

ALL OTHER CLASSES OF BUSINESS
The Court will sit on such days as may be required.

DUNEDIN

CRIMINAL TRIALS AND CIVIL ACTIONS BEFORE JUDGE AND JURY
AND ALL OTHER CLASSES OF BUSINESS
The Court will sit during the weeks commencing:
7 and 14 February 22 and 29 August
21 and 28 March 12 and 19 September
26 April 17 and 25 October
2 May 7 and 14 November
13 and 20 June 5 and 12 December
18 and 25 July

HAMILTON

CRIMINAL TRIALS AND CIVIL ACTIONS BEFORE JUDGE AND JURY
As from 1 February, the Court will sit each week commencing
on Monday.

ALL OTHER CLASSES OF BUSINESS
The Court will sit on such days as may be required.

HOURS OF SITTINGS AND FIXTURES

1. Sittings will commence at 10 a.m. daily during the periods
   above stated (except on public holidays and during vacations).

2. Fixtures for all business will be allocated by the Registrar
   in accordance with the rules and administrative directions of
   the Court.

Given under our hands at Wellington this 14th day of
October 1982.

R. K. DAVISON, C.J.
J. P. QUILLIAM, J.
J. B. O'REGAN, J.