4328 NEW ZEALAND GAZETTE No. 184

to be Acting District Court Judges, to exercise civil and
criminal jurisdiction in New Zealand and the jurisdiction of the
Children and Young Persons Courts for a term of 2 years on
and from 13 October 1988.

Dated at Wellington this 13th day of October 1988.

GEOFFREY PALMER, Minister of Justice.

go12286

Indecent Publications Act 1963

Decision No. 37/88
Reference No.: IND 29/88

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:
Drummer 116; Friction July '88; Colt Studio Presents No. 11:

Chairman: Judge R. R. Kearney.

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

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

Appearances: M. J. Wotherspoon for Comptroller of Customs.
No appearance on behalf of importer.

Decision

Although there was no appearance on behalf of the importer,
the Tribunal received a letter from Mr Ireland, counsel for the
importer, explaining why he was unable to make submissions on
behalf of the importer in person, and accompanying that
letter Mr Ireland provided the Tribunal with a memorandum of
his submission on behalf of Lawrence Publishing Co of NZ Ltd.
Those submissions were considered by the Tribunal, along
with the submissions presented by Mr Wotherspoon on behalf
of the Comptroller.

These magazines were commercially imported through parcels
post at Auckland on 25 May 1988 and were seized by the
Collector of Customs at Auckland. The importer has
subsequently disputed forfeiture and the publications have
been referred to the Tribunal for classification prior to the
commencement of condemnation proceedings pursuant to the
Customs Act 1966.

Drummer 116

The Comptroller of Customs, in his submission, draws to the
attention of the Tribunal the numerous occasions in the past
when a Drummer publication has been submitted for
consideration and classification. In particular, the Comptroller
draws the Tribunal’s attention to the emphasis on bondage and
sado-masochism as referred to by the Tribunal in its Decisions
20/87 and 19/88. Mr Wotherspoon, in his submission, invites
the Tribunal to consider that this particular issue has
throughout its articles and photographs which depict bondage
and sado-masochism and submits to the Tribunal that this is
also an issue which should be considered as unconditionally
indecent. Mr Ireland in his memorandum of submissions refers
the Tribunal to the submission presented by him on 12 April
this year in respect of other issues of Drummer, and reminds
the Tribunal that its Decision 20/87 in respect of Issue 104 of
Drummer is presently the subject of an appeal, and that appeal
has yet to be set down for hearing. In his memorandum of
submissions Mr Ireland states:

“Lawrence Publishing has appealed Decision 20/87 (issue
104) since it feels the Tribunal has not given full and proper
consideration as to how representations of sado-masochism
or bondage are injurious to the public good. Drummer is a
long-running news entertainment magazine “for the
complete leatherman”. It is published monthly.

In the April submission I quoted from “Men loving men” for
the authors’ view on S & M, in particular, their comment
that “as usually practiced [it] is entirely voluntary and of
equal pleasure and sharing for both partners”. Other writers
on gay sexuality have similar views. For example Dr Charles
Silverstein and the acclaimed writer Edmund White note in
their work “The joy of gay sex” that S & M and bondage is
essentially a role playing exercise relating to tough guy,
good versus bad fantasies. They say, like cowboy fantasies,
and we might add current parallels of Rambo, Robocop, etc,
few act them out, “most men who are into S & M are not
into real violence”. The writers conclude the whole leather,
S & M, bondage scene for those so inclined is “an exciting
arena for ritual and sensual ceremony”.

I ask that the Tribunal reconsider its attitude to such issues.
If the Tribunal feels inclined towards an unconditionally
indecent classification again, I ask that along with a R18
restriction, you may feel less uneasy if circulation restrictions
are also imposed, for example, not to be displayed for sale
or that the publication be only available by mail order.”

The Tribunal has given very careful consideration to Mr
Ireland’s submission, as it has on previous occasions, but it
remains firm and unanimous in its view that the presentation
of sado-masochism and bondage in this particular publication
is clearly injurious to the public good. The Tribunal considered
whether it should defer the classification of this particular
volume until after the appeal decision in respect of Issue 104
had been delivered, but it was decided that it was more
appropriate for this decision to be delivered at this time. In the
event that the appeal decision is favourable to the appellant,
then this issue of Drummer and any other issues which have
been declared to be unconditionally indecent can be referred back for reconsideration and classification.

Friction July ’88

This publication contains mainly fictitious stories of
homosexual encounters, along with a number of letters and
advertisements. The pictorial sequences are largely of black
and white sketches and photographs of single males. The
Tribunal agrees with the submission of Mr Wotherspoon on
behalf of the Comptroller of Customs that this particular
publication is more carefully presented and there is a lack of
genital manipulation or multiple model scenes which are
frequently found in other homosexual publications. Mr Ireland
in his submission advises the Tribunal that this particular
monthly magazine, first published in April 1987, had not
previously been before the Tribunal for consideration and
classification. Both Mr Ireland and Mr Wotherspoon submit to
the Tribunal that an age classification is appropriate, and the
Tribunal is in agreement with those submissions. The Tribunal
accordingly classifies this publication as Indecent in the hands
of persons under the age of 18 years.

Colt Studio Presents No. 11

Previous issues of this publication have been classified as
indecent in the hands of persons under the age of 18 years and
Mr Wotherspoon, in his submission draws the attention of the
Tribunal to some of the photographs which show naked males
with straps tightly bound around the genitals. There are also
several photographs of models who have nipple or genital
piercings displayed.

In his submission Mr Ireland advises the Tribunal that this
particular publication retails for $25.00 in the Out Bookshop.
Mr Ireland submits that this is a quality colour production and
that all that is required in respect of it is an R18 classification.
The Tribunal, whilst expressing once again its concern at the
portrayal of males with their genitals strapped in the way
described and genitals showing piercing, is satisfied that such
depiction is not of a kind as to justify a totally indecent
classification, as has in fact been applied to magazines which
have a predominant display of such material.

The Tribunal accordingly is satisfied that this material is
harmful to the younger reader and classifies this particular