3 NOVEMBER

NEW ZEALAND GAZETTE

4331

R. R. KEARNEY, Chairman.
Indecent Publications Tribunal.
go12326

Decision No. 38/88
Reference No.: IND 25/88

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 publication: High Society Vol. 1, No. 4:

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.
G. F. Ellis for Importer Gordon & Gotch (NZ) Ltd.

Decision

This magazine was commercially imported through Auckland Sea Freight on 25 March 1988 and was seized by the Collector of Customs. The importer having subsequently disputed forfeiture the publication has been referred to the Tribunal for classification prior to the commencement of condemnation proceedings pursuant to the Customs Act 1966.

Volume 1, No. 1 of High Society was considered by the Tribunal on 11 June 1986 and in Decision No. 11/86 the Tribunal found the publication to be indecent in the hands of persons under the age of 18 years and so classified it.

This particular issue of High Society contains photographs of single female models both naked and partially clothed with the great majority of the photographs of a non-objective nature. The written content of the magazine consists of interviews, readers letters and two articles of a non-sexual nature. The dominant effect on readers must of necessity relate more to its sexual content than to the serious articles contained therein. Mr Wotherspoon on behalf of the Comptroller of Customs submits to the Tribunal that this is a magazine which also justifies an age restriction.

Mr Ellis presented a written submission on behalf of the publisher and importer and presented to the Tribunal copies of information which is sent out to customers of the importer by way of magazine news and memoranda dealing with “restricted publications”. The Tribunal is pleased to note the efforts made by this particular importer and distributor to notify its ultimate retailers and distributors of the importance of complying with the restrictive provisions of orders made by the Tribunal. On a number of occasions the Tribunal has had drawn to its attention the failure of many retailers to comply with the terms of an age restriction order. The offenders in question are usually of the corner dairy type who have on display a number of magazines sometimes including restricted publications. The complaint which is legitimately made to the Tribunal is that those restricted publications are placed within those shops in such a position that any person entering the shop including young children have ready access to these magazines which can be picked up and thumbed through by those curious enough to look into their contents.

In his very helpful submission Mr Ellis submits that this publication can now be fairly compared with “Australian Penthouse” and with “Club International” both of which are classified as R18 and both of which have a section 15A Serial Restriction Order placed upon them. The Tribunal has raised with Mr Ellis the question of having this particular publication both shrink wrapped and labelled with the age restriction to be imposed and have been advised by him that he will raise those matters with his publishers and importers.

In the meantime in respect of this publication the Tribunal is satisfied that it contains material which would be injurious to younger readers and classifies it as indecent in the hands of persons under the age of 18 years.

Dated at Wellington this 18th day of October 1988.

R. R. KEARNEY, Chairman.
Indecent Publications Tribunal.
go12327

Decision No. 39/88
Reference No.: IND 21/88

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: Gay No. 145, November 1981; Levi Punks; Hardware; Very Uncut No. 1; Toy No. 30; Bound To Serve, A Servant’s Error; Exciting No. 23; Private No. 74:

Chairman: Judge R. R. Kearney.

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

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

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

Decision

These publications were from a private shipment imported at Wellington International Airport on 18 November 1987. The magazines were seized by the Collector of Customs at Wellington and the importer having disputed forfeiture they have been referred to the Tribunal prior to commencement of condemnation proceedings pursuant to the Customs Act 1966.

Gay No. 145 November 1987, Hardware, Levi Punks

These are male homosexual magazines containing many explicit photographs of explicit homosexual intercourse including both anal and oral. In both the publications Gay and Hardware the text is most explicit and almost entirely sexually orientated. The Tribunal is satisfied that the explicit nature of the homosexual intercourse presented is of such a nature that these publications are injurious to the public good and are accordingly classified as unconditionally indecent.

Very Uncut No. 1

This publication is a male homosexual magazine depicting a considerable number of acts of anal and oral intercourse. The principle difference between this magazine and Gay, Hardware and Levi Punks is that it does not contain any written text. The Tribunal is satisfied that the explicit sexual activity depicted is injurious to the public good and classifies this publication as unconditionally indecent.

Toy and Bound to Serve, a Servant’s Error

These are male homosexual magazines which contain a considerable emphasis on such topics as bondage, domination and sado-masochism. The Tribunal has in many recent decisions expressed its concern at magazines which contain items of either bondage, domination or sado-masochism. Some magazines which might otherwise be largely unobjectionable in terms of the Indecent publications legislation have been classified as unconditionally indecent because of their inclusion of such content. In the case of the present magazines the inclusion of those topics of bondage, domination and sado-masochism is not just in an isolated instance but many examples can be found throughout each publication of that type of objectionable material. The publications can not claim for themselves any literary or artistic or social merit and the Tribunal is satisfied that their content is such as to make them injurious to the public good and classifies each as unconditionally indecent.

Private No. 74 and Exciting No. 23

These magazines depict expressive heterosexual activity and