19 AUGUST
THE NEW ZEALAND GAZETTE
2717

NORTH COMBINED GROUP OF WARDS

Franks, Leslie Reginald George ..... 69
Gregg, David Brian Wentworth ..... 43
Total number of valid votes recorded ..... 112
Informal ..... 2

SOUTH COMBINED GROUP OF WARDS

Hunter, Brian George (elected unopposed).

WEST COMBINED GROUP OF WARDS

Gray, Maurice (elected unopposed).

PALMERSTON NORTH COMBINED GROUP OF WARDS

Meyers, Graeme Sidney ..... 18
Morris, Roger Leonard ..... 83
Total number of valid votes recorded ..... 101
Informal ..... 3

WANGANUI COMBINED GROUP OF WARDS

Slater, Basil Vernon Dillon (elected unopposed).

M. G. MCFARLAND, Returning Officer.
Wanganui, 28 July 1982.

Notifying the Exchange of State Forest Land for Other Land—Rotorua Conservancy

PURSUANT to section 22 of the Forests Act 1949, as substituted by section 7 of the Forests Amendment Act 1976, the Minister of Forests has exchanged the State forest land described in the First Schedule hereto for other land described in the Second Schedule hereto.

FIRST SCHEDULE

GISBORNE LAND DISTRICT—WAIKOHU COUNTY

1232.060 hectares, more or less, being Sections 1, 2, 3 and 5, Block VIII, Arowhana Survey District. All certificate of title, Volume 4C, folio 260. Part of the land described in New Zealand Gazette, 1976, page 1650. As shown on plans Y16/2 and 3, deposited in the Head Office of the New Zealand Forest Service at Wellington. (S.O. 6769, 6770.)

SECOND SCHEDULE

GISBORNE LAND DISTRICT—WAIKOHU COUNTY

1309 hectares, more or less, being Lot 1, D.P. 6261, situated in Blocks VIII and XII, Arowhana Survey District, and Block IX, Tutamoe Survey District. All certificate of title, Volume 4C, folio 258, as shown on plan Y16/1 deposited in the Head Office of the New Zealand Forest Service at Wellington.

Dated at Wellington this 30th day of July 1982.

J. C. M. HOOD, for Director-General of Forests.
(F.S. 9/2/137, 6/2/108)

Determination of the Comptroller of Customs Section 21, Sales Tax Act 1974

I, Patrick John McKone, hereby give notice that, for the purposes of section 21 of the Sales Tax Act 1974, I have determined that the sale value of the goods enumerated below shall be in accordance with section 21 (2) (d) of the Sales Tax Act 1974.

Goods

9. Tyres and tubes.

10. Printed matter of Chapter 49 of the Customs Tariff.

11. Radio broadcast receivers and television broadcast receivers, etc., of Tariff Item 85.15.001.

12. Refrigerators, freezers, dish washing machines, washing machines, clothes drying machines, all of a domestic type only.

Nothing contained in this notice shall limit the application of any other section of Part IV of the Sales Tax Act 1974.

P. J. MCKONE, Comptroller of Customs.

Decision No. 1027
Reference No. Ind. 5/82

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:

Sexual Paradise, publisher unknown:

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: 3 August 1982.

Appearances: Inspector D. L. Bates for the Legal Section, New Zealand Police.

DECISION

This publication, along with three others, has been submitted to the Tribunal by the New Zealand Police, with the leave of the Minister of Justice granted pursuant to the provisions of section 14 (2) of the Indecent Publications Act 1963. In his submissions, Inspector Bates commented that this is yet another sex instruction manual with emphasis on techniques for sexual intercourse. The place of publication is not shown on the book but it claims to have been written by Miss Tuppy Owens, a zoology graduate. Although the illustrations are explicit, they are balanced by an instructive text which is mainly moderate. There may be a slight bias towards prurience but overall the manual does not differ greatly from the many manuals of a similar nature already on the market. The Tribunal agrees with the submission made by Inspector Bates that it should at least have a restricted classification. It is classified as indecent in the hands of persons under the age of 18.

District Judge, W. M. WILLIS, Chairman.

Decision No. 1028
Reference No. Ind. 6/82

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:

Spunky 1981 Calendar, published by White Cloud Publishing Co., Auckland:

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: 3 August 1982.

Appearances: Inspector D. L. Bates for the Legal Section, New Zealand Police. Written submissions from Simpson, Coates and Clapshaw for publishers, White Cloud Publishing Co. Ltd.

DECISION

AS a result of complaints from the National Secretary of the Society for the Promotion of Community Standards (Inc.), the New Zealand Police referred the above application to the Tribunal, pursuant to leave granted by the Minister of Justice under the provisions of section 14 (2) of the Indecent Publications Act 1963.

Before we consider the merits of this publication, a preliminary matter of jurisdiction must be settled. Our functions under section 10 of the Indecent Publications Act limit our considerations to the assessment of books and sound recordings.

A book is defined in section 2 of the Act as follows:

“‘Book’ means any book, magazine or periodical (other than a newspaper published at intervals of less than a month) whether in manuscript or final form; and includes a picture-story book, whether likely to be read by children or not.”

The physical aspect and presentation of this calendar is therefore of considerable importance in determining if it fits the definition of the word “book”.

The calendar is a glossy quality colour production with a front and back cover. When closed it is about the size of a large postcard (the actual measurements are 147 mm x 210 mm).

The calendar is designed to open up and hang vertically so the viewer sees 2 pages of the size described earlier. The upper page contains a colour photograph of a naked male model, and the lower page contains the normal data one expects to find on a calendar. The publication is similar to many display calendars designed to hang on walls, and the only matter to excite attention in this case is, of course, the presentation of the male models.

The only other matter of any significance is that at the bottom of the calendar page is a commentary concerning material relevant to persons born under the star of that month. For example, the page containing the December calendar has the following commentary: