NEW ZEALAND GAZETTE

No. 173

R. R. KEARNEY, Chairman.

Indecent Publications Tribunal.
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Decision No. 31/88

Reference No.: IND 3/88

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:

Assbackwards, Vol. 2, No. 2; Publisher: unknown;
Assbackwards, Vol. 3, No. 1; Publisher: unknown;
Assbackwards, Vol. 3, No. 2; Publisher: SNC, USA;
Assbackwards, Vol. 3, No. 3; Publisher: SNC, USA;
Assbackwards, Vol. 3, No. 4; Publisher: SNC, USA; Ass Lads, Vol. 1, No. 3; Publisher: unknown;
Ass Lasses, Vol. 2, No. 1; Publisher: SNC, USA;
Asses and Ankles, Vol. 1, No. 4; Publisher: SNC, USA;
Asses and Ankles, Vol. 2, No. 1; Publisher: SNC, USA;
Back Side, Vol. 1, No. 1; Publisher: unknown;
Back Side, Vol. 1, No. 3; Publisher: SNC, USA;
Behind, Vol. 1, No. 2; Publisher: unknown;
Behind, Vol. 1, No. 4; Publisher: SNC, USA;
Behind, Vol. 2, No. 1; Publisher: SNC, USA;
Big Ones, Vol. 1, No. 1; Publisher: SNC, USA;
Big Ones, Vol. 1, No. 2; Publisher: SNC, USA;
Big Titties, Vol. 1, No. 1; Publisher: unknown;
Big Titties, Vol. 2, No. 1; Publisher: SNC, USA;
Big Titties, Vol. 2, No. 3; Publisher: SNC, USA;
Black and Bold, Vol. 2, No. 1; Publisher: unknown;
Black Lace, Vol. 1, No. 4; Publisher: unknown;
Black Lasses, Vol. 1, No. 2; Publisher: unknown;
Black Lasses, Vol. 1, No. 3; Publisher: unknown;
Busty Vixens, Vol. 1, No. 1; Publisher: SNC, USA;
Class Ass, Vol. 3, No. 2; Publisher: SNC, USA;
Class Ass, Vol. 3, No. 4; Publisher: SNC, USA;
Dark Nipples, Vol. 1, No. 1; Publisher: SNC, USA;
Hanging Melons, Vol. 1, No. 3; Publisher: unknown;
Hanging Melons, Vol. 2, No. 1; Publisher: SNC, USA;
Hard Nips, Vol. 1, No. 4; Publisher: SNC, USA;
Hot and Eager, Vol. 1, No. 1; Publisher: SNC, USA;
Hot and Eager, Vol. 1, No. 2; Publisher: SNC, USA;
Hot and Eager, Vol. 1, No. 3; Publisher: SNC, USA;
Hot and Eager, Vol. 1, No. 4; Publisher: unknown;
Hot and Eager, Vol. 2, No. 1; Publisher: SNC, USA;
Hot and Eager, Vol. 2, No. 2; Publisher: SNC, USA;
Lace and Satin, Vol. 1, No. 1; Publisher: unknown;
Lace and Satin, Vol. 1, No. 2; Publisher: unknown;
Lace and Satin, Vol. 1, No. 3; Publisher: SNC, USA;
Latin and Lace, Vol. 1, No. 2; Publisher: unknown;
Latin and Lace, Vol. 1, No. 3; Publisher: SNC, USA;
Leggy Dolls, Vol. 1, No. 3; Publisher: SNC, USA;
Leggy Dolls, Vol. 1, No. 4; Publisher: SNC, USA;
Leggy Dolls, Vol. 2, No. 1; Publisher: SNC, USA;
Lots-O-Legs, Vol. 1, No. 1; Publisher: SNC, USA;
Lovely Legs, Vol. 1, No. 3; Publisher: SNC, USA;
Lovely Legs, Vol. 1, No. 4; Publisher: unknown;
Lovely Legs, Vol. 1, No. 1; Publisher: SNC, USA;
Lusty Lasses, Vol. 1, No. 1; Publisher: SNC, USA;
Mounds, Vol. 1, No. 2; Publisher: unknown;
Mounds, Vol. 3, No. 3; Publisher: SNC, USA;
Panties and Bras, Vol. 1, No. 4; Publisher: unknown;
Panties and Bras, Vol. 2, No. 1; Publisher: SNC, USA;
Panty Pets, Vol. 1, No. 4; Publisher: unknown;
Panty Pets, Vol. 2, No. 2; Publisher: unknown;
Panty Pets, Vol. 2, No. 3; Publisher: SNC, USA;
Passion Pets, Vol. 1, No. 1; Publisher: SNC, USA;
Passion Pets, Vol. 1, No. 2; Publisher: SNC, USA;
Rear Ends, Vol. 1, No. 1; Publisher: unknown;
Rear Ends, Vol. 1, No. 2; Publisher: SNC, USA;
Tits A Lot, Vol. 1, No. 1; Publisher: SNC, USA;
Tits A Lot, Vol. 1, No. 3; Publisher: SNC, USA;
International Top Magazine, No. 1; Publisher: International Top Press;
International Top Magazine, No. 12; Publisher: International Top Press;

Chairman: Judge R. R. Kearney.

Members: R. Barrington, A. J. Graham, K. Hulme and S. Middleton.

Hearing at Wellington on the 12th day of April 1987.

Appearances: Mr Wotherspoon on behalf of Comptroller of Customs; no appearance on behalf of Importer.

Decision

These publications were commercially imported in August 1987 by parcels post at Hamilton. The Collector of Customs seized the publications on 7 August 1987 and the importer subsequently disputed forfeiture. The magazines have been referred to the Tribunal prior to the commencement of condemnation proceedings pursuant to the Customs Act 1966.

Although there was no appearance on behalf of the importer at the hearing the Tribunal had earlier received some written submissions from the importer and it took those submissions into account in determining the classification of these particular magazines and its ultimate decision in relation to them. The magazines all predominately feature single female models with little if any text. Each of the magazines portrays a theme through its photographs of large breasted women or women of a particular race. In addition to the presentation of females with large breasts there is also detailed photography of the anus and genitalia in some of the magazines. Many of these publications contain features which cause concern to the Tribunal but with the exception of the publication Lace and Satin, Vol. 1, No. 3 the Tribunal is satisfied that these publications would not be injurious to older readers and accordingly classifies each as indecent in the hands of persons under the age of 18 years.

Lace and Satin, Vol. 1, No. 3 carries the subtitle “Tender Chicks Hot For First Time Sex” and the whole format is clearly intended to persuade the reader that the young models depicted are young innocent and virginal but desirous of having sexual intercourse with whomsoever. One particular presentation, Michelle, depicts in the photographs a very young girl in sexually receptive poses accompanied by a text which the Tribunal finds would be injurious to the public good if the publication were allowed to be available in New Zealand. The story describes a sexual encounter with her stepfather and her initial reluctance but later acceptance of his gross sexual advances. As indicated the Tribunal is satisfied that this publication would be injurious to the public good and classifies it as unconditionally indecent.

Dated at Wellington this 5th day of July 1988.

Judge R. R. Kearney, Chairman.
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Decision No. 32/88

Reference No.: IND 16/86

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 publication: One to One, Parts 1–3:

Chairman: Judge R. R. Kearney.

Members: R. Barrington, A. J. Graham, and Dr S. C. Middleton.

Hearing at Wellington on the 28th day of July 1988.

Appearances: M. J. Wotherspoon for Comptroller of Customs, G. F. Ellis for importer, Gordon & Gotch (N.Z.) Ltd.