498
THE NEW ZEALAND GAZETTE
No. 26

Civil Defence Act 1983. The state of Regional Civil Defence
Emergency shall come into force at midnight on 2 February 1984.
Time and date of declaration: 4.34 p.m., 2 February 1984.
Declared by:

EVE POOLE,
Deputy Chairman, Southland United Council.

Declaration Terminating the State of Civil Defence Emergency for
the Southland Region

PURSUANT to section 56 of the Civil Defence Act 1983, I, Eve Poole,
hereby terminate the state of Regional Civil Defence Emergency
declared in respect of Southland at 27 January 1984.

The termination of the state of Regional Civil Defence Emergency
shall take effect from 2 February 1984.
Time and date of declaration: 4.34 p.m., 2 February 1984.
Declared by:

EVE POOLE,
Deputy Chairman, Southland United Council.

Declaration of a State of Civil Defence Emergency for the
Southland Region

PURSUANT to section 51 of the Civil Defence Act 1983, I, Eve Poole,
hereby declare a state of Regional Civil Defence Emergency to be
in force in the Southland region, excluding those areas within the
territorial boundaries of the Boroughs of Gore, Mataura, Bluff and
Winton and the Counties of Stewart Island, Wallace County Council
and Southland County Council. The state of Regional Civil Defence
Emergency has been declared in order to enable the exercise of the
powers conferred by all of sections 60 to 64 of the Civil Defence
Act 1983. The state of Regional Civil Defence Emergency shall come
into force at midnight on 9 February 1984.
Time and date of declaration: 5.25 p.m., 9 February 1984.
Declared by:

EVE POOLE,
Deputy Chairman, Southland United Council.

Declaration Terminating the State of Civil Defence Emergency for
the Southland Region

PURSUANT to section 56 of the Civil Defence Act 1983, I, Eve Poole,
hereby terminate the state of Regional Civil Defence Emergency
declared in respect of the Southland region excluding those areas
within the territorial boundaries of the Boroughs of Gore, Mataura,
Bluff and Winton and the County of Stewart Island at 2 February
1984.

The termination of the state of Regional Civil Defence Emergency
shall take effect from midnight on 9 February 1984.
Time and date of declaration: 5.25 p.m., 9 February 1984.
Declared by:

EVE POOLE,
Deputy Chairman, Southland United Council.

Decision No. 2/84
(Ref. No. IND. 33/83)

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:

Chic, Volume 8, No. 1 (November 1983), LFP (Inc.) Los Angeles,
U.S.A.

First Hand, Volume 3, No. 2 (October 1983), First Hand Limited,
New Jersey, U.S.A.

Blue Boy, Volume 65 (September 1983), Blueboy Inc., New
York, U.S.A.

Mandate, Volume 9, No. 7 (October 1983), Modernismo
Publications Ltd., New York, U.S.A.

Stallion, Volume 2, No. 7 (October 1983), Stallion Publications
(Inc.), Derby, U.S.A.

Chairman: District Court Judge Willis.

Members: H. B. Dick, L. P. Nikera, J. V. B. McLinden, I. W.
Malcolm.

Hearing at Wellington on the 13th day of December 1983.

Appearances: Written submissions by importer, Mr A. B.
Fairbairn, Dunedin. Mr C. Hillman for Comptroller of Customs.

DECISION

SINGLE copies of these publications were imported privately through
Auckland Airport and were seized in September 1983.

Chic is published in the United States of America and as Mr
Hillman has pointed out is a sexually orientated magazine consisting
of photographs and written material. Many of the photographs are
of females in highly contrived positions so as to expose genitalia.
In October 1982 (Decision 1041) an earlier edition of Chic was
classified as indecent. This publication is little different from that
earlier considered by us and has some resemblance to Hustler which
is subject to a two year restriction order (Decision 1053).

First Hand, Volume 3, No. 2 is published in the United States
of America and is clearly directed towards the male homosexual.
It consists of stories and articles which lack artistic or literary merit.
They are crude in content and deal with homosexual activities. There
are some photos and some drawings all of a homosexual nature.

Numbers and Blueboy each come from the same publishing house
in the United States of America whilst Mandate and Stallion come
from a different house in the United States. Earlier copies of these
publications have been considered by the Tribunal (Decision 855
of April 1976—Stallion; and Decision 1065 of June 1983—Blueboy,
Numbers and Mandate).

These publications are similar in content to the other copies. Mr
Fairbairn has written submissions which we quote in full:

“1. The freedom of the individual to read publications of ones
own choosing, purchased overseas or anywhere should not
be controlled by an Act of Parliament.

2. All publications were purchased at normal bookstalls including
   the Honolulu Airport Bookstall where they were on full
   display to the public.

3. With so many New Zealanders travelling overseas frequently
   and able to purchase without question reading matter of
   their own choosing it is difficult to understand why any
   publication when returned to New Zealand with the reader
   becomes indecent on arrival.

4. United States Law, for example has accepted that the
   purchaser has the final decision in choosing reading material.

5. The Indecent Publications Act 1963 is obviously outdated and
   should be revised with todays many alternative life styles
   and normal overseas attitudes.

6. We cannot remain for ever protected from ourselves by an Act
   of Parliament”.

Some of the observations we can accept and we are well aware
that some publications banned in New Zealand are freely available
overseas. We are well aware also that there is a body of opinion in
New Zealand which regards the censorship of books and magazines
as being unnecessary. By the same token there is a strong body of
opinion which would not only approve this censorship but would
like to see censorship more strict. It is not this Tribunal’s function
to take one side or the other. Its duty is to carry out its function
in accordance with the statute. Because of the view taken in earlier
decisions we have no hesitation in classifying each of these
publications as indecent.

Dated at Wellington this 10th day of February 1984.

W. M. WILLIS, Chairman.

3

Decision No. 3/84
(Ref. No. IND. 31/83)

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
decision in respect of the following publications:

Soho Studios.

Le Salon Catalogues and 9 Pamphlets.

Chairman: District Court Judge Willis.