3640
THE NEW ZEALAND GAZETTE
No. 155

Ann Summers Own Picture Book of Advanced Love Techniques,
published by Ann Summers Publishing.

Chairman: Judge R. R. Kearney.

Members: H. B. Dick, J. V. B. McLinden, R. Barrington,
A. J. Graham.

Hearing: At Wellington on the 11th day of July 1985.

Appearances: No appearance of importer, Waverly Publishing,
K. Wild for Comptroller of Customs.

DECISION

THESE publications are sample copies imported through the Port
of Auckland in February 1985. Following their seizure as being
indecent the Importer disputed forfeiture and they have been referred
to the Tribunal prior to the commencement of condemnation
proceedings pursuant to the Customs Act 1966.

The three publications purport to be sex manuals. They in the
main consist of photographs of couples indulging in simulated or
actual oral or sexual intercourse with an accompanying text and in
some cases some short pieces of fiction.

Neither The Complete Guide to Sexual Variations nor Sex in
Marriage gives any indication as to the publisher or author of the
publications, but we accept the submission of Mr Wild on behalf
of the Comptroller that they are probably publications from Anne
Summers Publishing the publishers of the third of the publications
under this application. In the Tribunal’s view none of these
publications justifies a finding that there is an honesty of purpose
in the presentation of the photographic and other material. The
Tribunal is in fact satisfied that there is a dishonest purpose in the
publications, that being to pander to a market not being that of
persons who might need sexual help from sexual manuals of the
kind which we have this day determined as being indecent in the
hands of persons under the age of 18 years. The publication Sexual
Positions, A Photographic Guide to Pleasure and Love.

The Tribunal classifies these three publications as indecent.

Dated at Wellington this 26th day of July 1985.

Judge R. R. KEARNEY, Chairman.

Decision No. 9/85
IND 10/85

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:

Sexual Positions: A Graphic Guide to Pleasure and Love, published
by Colour Library Books.

Chairman: Judge R. R. Kearney.

Members: H. B. Dick, J. V. B. McLinden, R. Barrington,
A. J. Graham.

Hearing: At Wellington on the 11th day of July 1985.

Appearances: Written submissions from Beckett Stirling Ltd.—
Importer. Mr Wild for Comptroller of Customs.

DECISION

THE two copies of this publication were sample copies imported
through the port of Auckland in December 1984. The publications
have been seized by the Collector of Customs the importer has
disputed forfeiture. The publication has been produced in the form
of a sex manual and contains 244 colour photographs of a couple
in various, and as was submitted by Mr Wild “somewhat acrobatic”
positions of sexual intercourse. The Tribunal agrees with Mr Wild’s
submission that both the text and photography have been presented
in a restrained manner.

The Tribunal has determined that this publication, although not
strictly of a technical nature, is presented in a way which puts it
into the technical category of a sex manual.

As in the case of the publications The Ecstasy of Sex and The
Marriage Bed referred to in decision number 6/84. The Tribunal
in the case of this publication finds it to be indecent in the hands
of persons under the age of 18.

Dated at Wellington this 26th day of July 1985.

Judge R. R. KEARNEY, Chairman.

Decision No. 10/85
IND 7/85

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 publication:

Him Issue 67, published by Millivres Ltd., England.

Chairman: Judge R. R. Kearney.

Members: H. B. Dick, J. V. B. McLinden, R. Barrington,
A. J. Graham.

Hearing: At Wellington on the 11th day of July 1985.

Appearances: No appearance of importer, the Editor, Out
Magazine. Mr K. Wild for Comptroller of Customs.

DECISION

This magazine was commercially imported through the port of
Auckland in July 1984 and was seized as being indecent. Forfeiture
having been disputed by the importer, the magazine was referred
to the Tribunal for classification. Mr Wild in support of a submission
that the Tribunal find the publication indecent, submitted that the
magazine was clearly directed at the male homosexual market, it
being a British Gay Lifestyle magazine. No complaint was made
by Mr Wild on behalf of the Comptroller of Customs to much of
the material contained in the magazine, but he submitted that part
of the classified and “personal” section and 2 pictorial displays were
for the clear purpose of encouraging homosexual behaviour.

The Tribunal accepts the validity of the submission made on
behalf of the Comptroller and finds that the publication tends to
promote and encourage homosexual behaviour of a kind which is
unlawful in this country.

For these reasons the Tribunal finds the publication indecent.

Dated at Wellington this 26th day of July 1985.

Judge R. R. KEARNEY, Chairman.

Decision No. 11/85
IND 9/85

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 publication:

In Touche For Men Issue 100, published by In Touch Inc. USA.

Chairman: Judge R. R. Kearney.

Members: H. B. Dick, J. V. B. McLinden, R. Barrington,
A. J. Graham.

Hearing: At Wellington on 11th day of July 1985.

Appearances: No appearance of importer, J. Pound, K. Wild for
Comptroller of Customs.

DECISION

THIS single copy publication was seized when it was imported
through the Port of Auckland in March 1985. The importer has
subsequently disputed forfeiture of the magazine as being indecent
and it has accordingly been referred to the Tribunal for a decision
prior to the commencement of condemnation proceedings pursuant
to the Customs Act 1966. In Touche For Men Magazine has
previously been before the Tribunal in April 1979 and in June 1983.
Issue number 33 was considered indecent in decision 919 of 12
April 1979 and issues 39 to 43, 45 to 49, 57 to 60, 62 to 68 and
71 were likewise classified as indecent in decision 1065 of 7 June
1983. This particular edition which the Tribunal has for
consideration differs from the previous issues—in that, it being a
celebratory issue, it featured considerably more photographs of naked
men at the expense of literary content. The photographs in many
cases concentrated on the male genitals and the Tribunal reached
a clear view that the publication has little to commend it and a
great deal to condemn in the manner of presentation and a clear
emphasis towards homosexual activity of a kind which is illegal.

The Tribunal finds this publication indecent.

Dated at Wellington this 26th day of July 1985.

Judge R. R. KEARNEY, Chairman.