1 JULY THE NEW ZEALAND GAZETTE 2023

The message of this book is direct and it contains many
frank and explicit colour photographs. The importer conceded
“. . . this book touches on a few aspects of sexuality which
could be termed advanced activities . . .”. However in this
case the Tribunal has no hesitation in accepting the sub-
missions made by both the importer and the Department as
to the quality of the book. We also accept the submission
by the importer that the book is very similar in style and
manner of presentation to “Sexual Adventures in Marriage”
which was considered by the Tribunal in Decision No. 988.
In that decision the publication was classified as indecent
in the hands of persons under the age of 16 because it was
as we termed it “. . . a book for the more mature reader . . .”.
The same could be said of the present publication, and
indeed both the Department and the importer suggested such
a restriction.

For all these reasons we classify this publication as indecent
in the hands of persons under the age of 16.

District Court Judge W. M. WILLIS, Chairman.

Decision No.: 1018
Reference No.: Ind 2/82
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:

“Colour Climax”, published by Color Climax Corporation,
care of Escandivias, DK 2720, Vanlose, Denmark.

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

Hearing: 1 April 1982.

Decision: 1 June 1982.

Appearances: Mr Leloir for Comptroller of Customs. No
appearance of the importer, P. D. Bilby.

DECISION

This single copy was privately imported through parcel post
and was seized in Wellington in May 1981. Forfeiture has
been disputed so that the publication comes before the Tribunal
for classification.

In 1980 Colour Climax Nos. 65, 67, 70, 83 and 85 were
considered by the Tribunal. By Decision No. 956 these publi-
cations were held to be indecent. Plainly this booklet is
published at regular intervals and once again No. 71 is subtitled
“Pornography in Colour”. It is no different from the other
publications. The text is in 2 languages and is plainly directed
to the prurient reader. It has no literary merit. The pictures
have no artistic merit being mainly of nude males and females
with genitalia predominantly exhibited.

Plainly in the public interest and for the public good this
publication must be classified as indecent.

District Court Judge W. M. WILLIS, Chairman.

Decision No.: 1019
Reference No.: Ind. 8/82
Before the Indecent Publications Tribunal

IN the matter of the Indecent Publications Act 1963, and in
the matter of an application by the New Zealand Police for
a decision in respect of the following publication: Domes
of Fortune, by Alan Brien. Published by Quartet Books
Ltd., of London.

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: 1 June 1982.

Appearances: Inspector D. L. Bates for Police. Written
submissions from Importer, Waverley Publishing Co. Ltd.

DECISION

This book has been submitted to the Tribunal by the New
Zealand Police, by leave of the Minister of Justice granted on
29 January 1982, pursuant to the provisions of section 14 (2)
of the Indecent Publications Act 1963. In its submissions to
the Tribunal the importer said:

"As with another title currently before the Tribuna', namely
Pornography or Art, this title was also imported by our
company and once again we were unaware of it being
under Police referral to the Tribunal until notice of this
hearing was received.

"This book was imported back in October 1979 and was
considered to be 'not indecent' at time of importation.
The book comes from a reputable publishing house in
the U.K. It does not purport to have any literary merit,
but the photography is excellent and the text is a light-
hearted look at one of man's favourite pastimes,
fantasizing about womens' breasts.

"The book was an extremely slow seller and aroused very
little interest and would undoubtedly have been out of
print for quite some time".

Submissions by the Police pointed out that the book con-
sisted almost entirely of photographic and written comment
concerning the female breasts. The submissions stated frankly
that initially Police reaction was that it was not indecent, a
view which is obviously shared by the importer. There are
2 photographs where genitalia is exposed in what might be
called a restrained manner. In the Tribunal's view there is
limited artistic merit in the publication but it is unlikely to
excite any prurient interest as would appear to be evident
from the importer's remark that it is an extremely slow seller
and aroused very little interest. For these reasons the book
is classified as not indecent.

District Court Judge W. M. WILLIS, Chairman.

Decision No.: 1020
Reference No.: 16/81
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 publications:

Look Nos. 1, 4, 5, 6, 7, 8. Published by Schwarz-gelbverlag
gmbh Postfach 4329, Frankfurt/Main.

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

Hearing: 1 April 1982.

Decision: 1 June 1982.

Appearances: Mr Leloir for Comptroller of Customs. Written submissions by importer, Waverly Publishing Co. Ltd.

DECISION

These sample copies were imported commercially and seized
in Auckland on 7 August 1981. Forfeiture has been disputed
so that they come before the Tribunal for classification prior
to the commencement of condemnation proceedings.

The magazines are of the girlie type and consist entirely of
full-page colour photos depicting nude and semi-nude females.
There is no text and as stated by counsel for the Comptroller
the books are not offensive to any degree as there is no
undue emphasis on genitalia. Similar books have been
classified in the past and in particular reference is made to
Tabu and Young Girls in Colour, the subject of Decision No.
995, dated 10 June 1981. Consistently these should receive a
similar classification.

These books are classified as indecent in the hands of
people under the age of 18.

District Court Judge W. M. WILLIS, Chairman.

Decision No.: 1021
Reference No.: Ind 17/81
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:

Blue Boy, Vol. 46, August 1980. Published by Blueboy
Incorporation of Miami, U.S.A.

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

Hearing: 1 April 1982.

Decision: 1 June 1982.

Appearances: Mr P. E. F. M. Leloir for Comptroller of
Customs. No submissions by importer.