30 JUNE THE NEW ZEALAND GAZETTE 2033

The said supplementary integration agreement will come into effect on 7 June 1983. Copies of the supplementary integration agreement are available for inspection without charge by any member of the public at the Department of Education, Head Office, Government Building, Lambton Quay, Wellington and at regional offices.

Dated at Wellington this 20th day of June 1983.

J. S. JOLLIFF, for Director-General of Education.

Decision No. 1067
Reference No. Ind. 12/83

Before the Indecent Publications Tribunal

In the matter of the Indecent Publications Act 1963, and in the matter of an application for a decision in respect of the following publication:

The Hite Report—A Nationwide Study of Female Sexuality, published by Paul Hamlyn Pty, Ltd., Australia:

Judge: W. N. Willis, (Chairman).

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

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

Hearing: 15 June 1983.

Decision: 23 June 1983.

Appearances: Written submissions from applicant, F. R. Hamlin.

DECISION

WITH the consent of the Minister, this publication was referred back to the Tribunal for reconsideration. Decision 913, dated 21 November 1978, placed an age restriction on this particular publication. By Decision 1037 of 6 October 1982, the Tribunal held The Hite Report on Male Sexuality to be not indecent. Very full reasons were given for that decision at the time and the Tribunal is in no doubt that permission was sought to have this particular work referred for reconsideration came about because of the classification on The Hite Report on Male Sexuality. Four and a half years have passed since Decision 913 was delivered and there has been a great change in community standards during that period. In view of those changes and in view of our decision of October 1982, this book is now classified as not indecent.

District Court Judge W. M. WILLIS, Chairman.

Decision No. 1068
Reference No. Ind 16/83.

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:

Black Lace, Volume I, No. 3, published by Sierra Press, U.S.A.

Tit Queens, Volume I, No. 1, published by Pioneer Press, U.S.A.

All Colour Kingsize, published by American Art Enterprises Inc., U.S.A.

H & S Sales Catalogue, published by H & S Sales, U.S.A.

Judge: W. M. Willis, (Chairman).

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

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

Hearing: 15 June 1983.

Decision: 23 June 1983.

Appearances: Mr Hillman for Comptroller of Customs.

No appearance of importer, Mr K. J. Godfrey, Invercargill.

DECISION

THESE publications were privately imported through Invercargill parcel post. Forfeiture has been disputed by the importer so that the Comptroller has referred the matter to the Tribunal for classification.

All Colour Kingsize consists of a series of colour photographs of nude and semi-nude females grouped according to astrological signs. Each grouping has a short accompanying text. In most cases the photographs are in posed and contrived positions with genitalia being a feature in a few. Kingsize, Volume 9, No. 4, was classified indecent in Decision 930 of August 1979, while Kingsize, Volume 10, No. 2, was held indecent by a full court in Waverley Publishing Co. v Comptroller of Customs 1980 1NZLR 631.

Tit Queens, Volume 1, No. 1, consists of photographs sometimes with an accompanying text. The photographs are, in many cases, contrived and the subjects are nude or semi-nude male and female models. Lesbian and group sexual activities are featured. In this respect attention drawn to the Tribunal’s view of group activities set out in Decision 1053.

Black Lace, Volume I, No. 3 is a collection of photographs of semi-nude females without text. It too bears some resemblance to the publication Look classified as indecent and given an age restriction in Decisions 1020 and 1051. There remains, however, a number of photographs in contrived positions when genitalia is exposed.

H & S Catalogue is an illustrated list of publications and volumes available from H & S Sales in California. It too contains photographs of nude or semi-nude women with genitalia in some cases exposed in contrived positions. The Tribunal considers that all the publications are indecent and they are classified accordingly.

District Court Judge W. M. WILLIS, Chairman.

Decision No. 1069
Reference No. Ind 17/83.

Before the Indecent Publications Tribunal

In the matter of the Indecent Publications Act 1963, and in the matter of an application for a decision in respect of the following publications:

Hustler, Volume 9, Nos. 5 and 7, published by Hustler Magazine Inc., California, U.S.A.

Judge: W. M. Willis, (Chairman).

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

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

Hearing: 15 June 1983.

Decision: 23 June 1983.

Appearances: Mr Hillman for Comptroller of Customs.

No appearance of importers, Mr Lee, Green Bay, Auckland, and Mr P. Musser, Invercargill.

DECISION

THESE magazines are single copy importations by the two importers. The November 1982 issue was imported through Auckland parcel post while the January 1983 issue was imported through Invercargill parcel post. In both cases the importer has disputed forfeiture so that the magazines are referred for classification.

By Decision 1032, Hustler, Volume 8, No. 10 was held indecent. By Decision 1036, Hustler, Volume 8, No. 9, was likewise held indecent. By Decision 1055, Hustler, Volume 9, Nos. 5 and 7, were held indecent and at that stage a 2-year restriction order was made under section 15A declaring the publications to be indecent for a period of 2 years from the date of notification in the New Zealand Gazette. The Gazette notice was dated 7 April 1983, so that these publications are not covered by the restriction order. They have been considered by the Tribunal which can only say that they are no different from those reviewed in the 3 decisions numbered above.

For reasons given in those decisions these publications are classified as indecent. It is noted that on 16 June after the hearing a letter was received from Mr Lee notifying the Tribunal that he no longer disputed forfeiture.

District Court Judge W. M. WILLIS, Chairman.

Decision No. 1070
Reference No. Ind 18/83.

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:

Transvestites Transformed, Volume 2, No. 2, published by Centurian Publications, U.S.A.

Transvestite Castles, Volume 1, No. 1.

Transvestites in Bondage and Female Domination, Volume 1, No. 6, published by Lyndon Distributors Ltd., U.S.A.

Centurians Catalogue;

Whole Catalogue of Exotic Catalogues;

Centurians Sales Pamphlet:

Judge: W. M. Willis, (Chairman).

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