1540
THE NEW ZEALAND GAZETTE
No. 75

Number and Title of Specification
American Petroleum Institute
API 650 (7th edition): 1980 Welded steel tanks for oil storage $20 nett.
(Proposed to replace API 650 (6th edition): 1978, currently endorsed).

All persons who may be affected by this specification and who desire to comment thereon, may obtain copies from the Standards Association of New Zealand, Wellington Trade Centre, 15–23 Sturdee Street (or Private Bag), Wellington at the price shown.

Dated at Wellington this 3rd day of May 1984.

DENYS R. M. PINFOLD,
Director, Standards Association of New Zealand.
(S.A. 114/2/1)

Decision No. 7/84
Reference No. IND 34/83

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 in respect of the following publication:

Explosives and Propellants From Commonly Available Materials, published by Desert Publications, Arizona, U.S.A.

Chairman: Judge W. M. Willis.

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

Hearing on the 30th day of March 1984.

Appearances: C. Hillman for Comptroller. No appearance of importer R. W. Coates, Auckland.

DECISION

IN decision 1081 we had to consider Improved Munitions Hand Book, Improved Munitions Black Book, Volumes 1 and 2, Home Workshop Guns for Defence and Resistance, Volumes 1 and 2 and Bare Kills. We emphasised then and we emphasise now that the word ‘indecent’ has a special definition in section 2, Indecent Publications Act. It includes ‘describing, depicting, expressing or otherwise dealing with matters of sex, crime, cruelty or violence in a manner that is injurious to the public good’. We have now had referred to us this publication which is a single copy privately imported through Auckland Parcel Post in September 1983. Forfeiture has been disputed by the importer.

It is published by Desert Publications, Arizona, and is a soft cover publication giving detailed instructions for the production of explosives under field conditions. As Mr Hillman has submitted the instructions are clear, precise and, in some cases, extremely simple. They utilise materials readily available and some of the processes contain a high element of risk.

Recent events in Wellington give an added emphasis to our reasons for classifying as indecent those publications covered by Decision 1081. The publication currently before us is in the same category. In the hands of one bent on criminal activity it would be a very useful addition to his library.

It is classified as indecent.

Dated at Wellington this 1st day of May 1984.

Judge W. M. WILLIS, Chairman.

Decision No. 8/84
Reference No. IND 3/84

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 in respect of the following publications:

Newsflash 1983, No. 6, published in Australia;
Teenage Sex, Nos 28 and 29, published in Sweden, printed in Australia;
Colour Climax, No. 115, publisher unknown;
Anal Sex, published by Color Climax Corporation, Denmark;
Private, No. 58, published by Private Press, Stockholm, Sweden.

Chairman: Judge W. M. Willis.

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

Hearing on the 30th day of March 1984.

Appearances: C. Hillman for Comptroller of Customs. No appearance of importer, G. Carter, Auckland.

DECISION

THESE publications are single copies privately imported through Auckland Parcel Post in January 1984. They have been seized but the importer has disputed forfeiture. They are referred to the Tribunal for classification. Mr Hillman stated that Newsflash is a mail order catalogue for an Australian company and it advertises a wide range of publications, video tapes and articles. In this catalogue there are a number of photographs depicting a range of sexual activity including, homosexual acts, bondage and sexual intercourse. The catalogue can only be for the purpose of inducing persons to purchase books which we have no doubt would in the majority of cases be classified as indecent.

The remaining publications consist of colour photographs with a minimal amount of text. They can be considered hard core pornography and indeed Anal Sex is sub-titled ‘hard core pornography’. In Waverley Publishing Company v. Comptroller of Customs (1980) NZLR 631, Jeffries J. indicated when he would consider a book or sound recording to be indecent and injurious to the public good. These publications are predominantly concerned with the prurient and lewd aspects of sex. The subject matter is described in a patently offensive manner so as to concentrate on the prurient and lewd aspects of sex. There is no literary or artistic merit nor are there any other redeeming features. The likelihood of corruption outweighs the possible benefit. They are amongst some of the worst publications we have had to consider. We also draw attention to the fact that earlier numbers of Colour Climax have been classified as indecent (Decisions 956 and 1018).

They are classified as indecent.

Dated at Wellington this 30th day of April 1984.

Judge W. M. WILLIS, Chairman.

Decision No. 9/84
Reference No. IND 2/84

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 in respect of the following applications:

Rubber Bondage, Volume 8;
Club Latexa, Volume No. 1;
Latex Slaves, Volume 1, No. 1—all published by Centurian Publications, Westminster, U.S.A.

Chairman: Judge W. M. Willis.

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

Hearing on the 30th day of March 1984.

Appearances: C. Hillman for Comptroller of Customs. No appearance of importer, T. B. Pearce, Auckland.

DECISION

THIS collection of magazines was imported and seized by the Customs Department at Auckland in January 1984. Forfeiture has been disputed and once again the Tribunal is asked to classify. As in Decision No. 10/84 we cite the Comptroller’s submissions:

‘Latex Slaves’ is a 21 × 28 cm publication containing text, photographs and drawings. The publication deals in an explicit manner with rubber fetishism, bondage, female domination, the sexual use of enemas and similar topics.

‘Rubber Bondage’ is a bondage magazine with an emphasis on rubber fetishism. The publication contains photographs, drawings and text and is considered to deal with its subject in an explicit manner.

‘Club Latexa’, although containing several illustrated stories on rubber fetishism, would appear to consist mainly of advertising for various items of rubber clothing and rubber appliances, including bondage equipment.”

Our attention has been drawn to other decisions where publications of a similar nature have been classified as unconditionally indecent. They are, Decisions 1026, 1039, 1061, 1070, 1077 and 1085. These publications are no different and for reasons previously stated they are classified as unconditionally indecent.

Dated at Wellington this 30th day of April 1984.

Judge W. M. WILLIS, Chairman.