15 SEPTEMBER
THE NEW ZEALAND GAZETTE
3079

grounds of literary or artistic merit, or social or scientific
character which would lead us to regard it as other than
indecent.”

That decision was given on 22 April 1976. Just of 3 years later
on 12 July 1979 the Tribunal ruled in respect of Sex Encyclopaedia
and 4 other sex manuals:

“Each is a form of sex manual which comprise photographs of
forms of sexual intercourse together with a text which more
or less compliments the photography.

While there are variations in presentation and impact among
the books they may properly be considered together as being
generally restrained and natural. The Tribunal does not
perceive in these books a prurient or dishonest purpose. The
dominant effect is rather a sensible and serious presentation
of modes of social behaviour.

In submissions to us reference was made to Decisions 432–435
made in March 1972. While we adhere to the general
principles they set out, the Tribunal considers that there has
been some change in the standards of community opinion
since then. While some age restriction is appropriate there
is not, in our opinion, any need in respect of these books to
distinguish among them.”

The Tribunal classified the publications on that occasion as R16.

It appears to us that by 1979 the Tribunal had adopted a more
liberal standard in relation to the classification of sex manuals. We
feel that this publication falls generally within the description
provided by the Tribunal of the manuals considered in Decision
No. 826. However because of the frank and explicit nature of the
photographs we feel that a higher age restriction is appropriate in
the case of this manual. The reason for this is that the publication
could be purchased by immature readers for reasons that had more
to do with their prurient interest in the publication, than its merits
as a sex manual.

For all the above reasons we classify Sexual Knowledge indecent
in the hands of persons under the age of 18 years.

Sexual Harmony by Tuppy Owens is a sex manual approximately
64 pages in length. It measures 290 mm × 215 mm.

The one unusual feature of this publication is that it came before
the Tribunal in 1972. In Decision No. 433 of 13 March 1972 the
Tribunal classified Sexual Harmony as indecent in the hands of
persons under 18 years of age. We have had the advantage of
comparing the publications and it seems that the major differences are:

(a) the name of the author has changed;
(b) there is no longer a publisher and a copyright printed in the
later publication;
(c) although the photographs are the same in the later publication,
they are generally of a poorer standard of production, and
some of the colour plates in the earlier edition have been
replaced by black and white plates.

Mr Hillman for the Comptroller of Customs submitted that due to
these changes the “Tuppy Owens” version constituted a new
publication and that Decision 433 did not apply to it. It was also
submitted that because of the content of the publication the Tribunal
might consider it indecent.

It looks to us as though someone may have pirated the publication
and put it out under a different name. We are sceptical of the
importer’s explanation that it appears the author changed her name.
We think that this is speculation. However we do accept that this
book has circulated in New Zealand on a restricted basis since 1973
and apart from some technical deterioration, the content of the
publication is essentially the same. Rather than enter into any refined
analysis as to whether this publication is the same as that which
was considered by the Tribunal in Decision No. 433, we think it is
easier to give another ruling. We do not think it is appropriate to
depart from the previous classification given to the other publication.

We accordingly rule Sexual Harmony to be indecent in the hands
of persons under the age of 18 years.

Dated at Wellington this 9th day of September 1983.

District Court Judge W. H. WILLIS, Chairman.

Decision No. 1077
Reference No. Ind. 13/83

Before the Indecent Publications Tribunal

IN in the matter of the Indecent Publications Act 1963, and in the
matter of an application by the COMPTROLLER OF CUSTOMS for
decision in respect of the following publications:

Rubber and Latex Girls
Young Sporting Girls Published by Bens Books of London.

Judge: W. H. Willis (Chairman).

Mesdames: H. B. Dick, L. P. Nikera.

Messrs: J. V. B. McLinden, I. W. Malcolm.

Hearing: 16 August 1983.

Appearances: C. F. Hillman for Comptroller of Customs.

Written submissions for importer, Love Artshop, Wellington.

DECISION

We were informed by the Comptroller of Customs that these
publications were imported commercially through Hamilton parcels
post on 19 December 1982, and were seized by the Customs
Department on the 22nd day of that month. The importer Mr
Armstrong, subsequently disputed forfeiture of the goods and the
department therefore referred the publications to the Tribunal for
classification prior to the commencement of condemnation
proceedings pursuant to the Customs Act 1966.

Rubber and Latex Girls is a paperback published by Bens Books
Ltd. Its physical dimensions are approximately 135 mm × 215 mm.
The contents comprise 9 pages of text at the start of the book,
followed by a large number of black and white photographs of
various models.

The text deals with a couple who enhance their sex life by the
use of rubber clothing. This section is followed by numerous
photographs of 2 nurses apparently having an anatomy lecture in
a hospital setting. Some of the pictures are completely innocuous.
Other are obviously designed to titillate the reader’s interest. That
series is followed by approximately 26 pages of various models in
lesbian, SM and “rubber gear” shots. Those photographs
undoubtedly depict deviant aspects of sex, and are highly indecent.

Mr Hillman, on behalf of the Comptroller of Customs, submitted
that because of the content of the publication the Tribunal might
consider them indecent.

The importer, Mr Armstrong, complained that the book had
previously been imported by him with the knowledge of Customs
but without objection on those occasions. Apparently he could not
understand what he saw as the department’s inconsistent attitude.
We have said on previous occasions that the Customs Department
does not have any power to make a formal ruling or to impose formal
guidelines on the classification of books that are imported. That is
solely a matter for the Tribunal. No doubt on some occasions
the department’s conduct could be of significance but we do not feel
that this is such a case.

Turning now to the matters we are required to consider under
section 11 (1), we feel this publication lacks any literary or artistic
merit. We think the likelihood of corruption can be contrasted to
the lack of benefit that the book would bring to any of its readers.
We think the final section of the book depicting the single and
multiple model photographs referred to earlier, firmly establishes
that the dominant effect of the publication is to portray aspects of
sex that can only appeal to a prurient interest and accordingly we
find that the publication is injurious to the public good. Rubber and
Latex Girls must therefore be classified as unconditionally indecent.

Young Sporting Girls is another paperback importer by Mr
Armstrong and published by Bens Books Ltd., London. It measures
approximately 135 mm × 210 mm. The publication consists of a
large number of black and white photographs of two young female
models. They have been photographed in various poses, and in
varying degrees of nakedness. Although there are full frontal shots
of nudity there are relatively few which have been contrived to
emphasise the genital area. There is also a series of eight photographs
of a model in schoolgirl’s clothing at the end of the book. These
photographs are contrived, but we do not feel that they affect the
relatively restrained tone of the publication. We think that this book
of photographs is similar to the publications Nudes Afloat and
Bushland Seduction considered by the Tribunal in Decision No. 962.
On that occasion the Tribunal said:

“... it appears to the Tribunal that where pictorial matter
consists of simple nudity without undue emphasis on genital
areas, an age restriction of some sort should be the
classification attached to them. In these particular cases,
although there is a good deal of photography related to the
genital area few, if any, are really contrived and in most cases,
consist merely of frontal nudes.”

In that decision these publications were classified as indecent in
the hands of persons under the age of 18 years.

For all the above reasons we would therefore classify Young
Sporting Girls as indecent in the hands of persons under the age of
18 years.

Dated at Wellington this 9th day of September 1983.

District Court Judge W. H. WILLIS, Chairman.

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