9 NOVEMBER
NEW ZEALAND GAZETTE
5673

Internal Affairs

Remembrance Day 1989

Citizens throughout New Zealand are requested to observe
Remembrance Day on Sunday, 12 November.

The observance of this day should be similar to that of
Remembrance Day last year. Two minutes' silence to be
observed for 11 a.m.

The Government trusts that all churches will agree to arrange,
as far as practicable, for a morning service on this day, to
commence at such time as to enable 2 minutes' silence to be
observed at 11 o'clock.

When a citizens' memorial service is held, it is suggested that it
should be at the local cenotaph or war memorial.

Dated at Wellington this 5th day of November 1989.

MICHAEL BASSETT, Minister of Internal Affairs.
go21076

Justice

Indecent Publications Act 1963

Decision No. 18/89
Reference No.: IND 67/88

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: Black
Magic, No. 4; Red Hot Couples, Vol. 1, No. 15; Close
Shave, Vol. 1, No. 4; Black Magic 4; The New Golden
Guys, Issue 6; Erotic Stars, No. 5; Juggs, October 1988,
Vol. 8, No. 12; Cinema Blue, August 1988; A Hard Days
Work; Black Cat; 4 Play; Hot Tips; Hot Shots, Vol. 1,
No. 4; High Heeled Women, Vol. 2, No. 1; Over 40, Vol. 1,
No. 4; Leg Show, November 1988, Vol. 6, No. 7; Max,
December 1988, Vol. 3, No. 7; Celebrity Sleuth, Vol. 2; Tail
Ends, Vol. 1, No. 3; Pink, Vol. 1, No. 3; Blondies In Action,
Vol. 1, No. 4; Oralama, Vol. 1, No. 4; Hung Huge; Black
Impact; Sierra Domino Dictionary 2; Preview, No. 4;
Hombre; Widespread; Black Towers; Black Magic, No. 3;
Black Bounty; Cock Fights; Hard Facts; Hung And Willing;
Below The Belt; Simbas; Night Stars; Italian Stallions; Hard
To Get Around; Single Handed; A Sierra Domino
Dictionary; Raven; Sex-Mex; Latin Quarters; Ramjets; Latin
Studs; Black Machismo; College Jocks; Hot, Black and
Latin; Black Monuments; Yearling 7; Ocean Pacific Video;
Brazen Buddies; Casey & His Boys; Male Insider, December
1988, Vol. 3, No. 3; Male Insider, October 1988, Vol. 2,
No. 6; Torso, November 1988, Vol. 7, No. 5; Torso,
October 1988, Vol. 7, No. 4; Torso, September 1988,
Vol. 7, No. 3; Torso, August 1988, Vol. 7, No. 2; Inches,
November 1988, Vol. 4, No. 9; Studflix, December 1988,
Vol. 7, No. 1; Studflix, June 1988, Vol. 6, No. 5; Studflix,
August 1988, Vol. 6, No. 5; Studflix, October 1988, Vol. 6,
No. 6; Black, Brown & Beige; Javelin; Javelin, No. 4;
Chinatown, Vol. 1, No. 1; Black Knights; Brush Strokes,
Vol. 1, No. 1; Yearling 2; Bottoms Up.

Chairman: Judge R. R. Kearney.

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

Hearing at Wellington on the 26th day of April 1989.

Appearances: M. J. Wotherspoon for Comptroller of Customs.
Written submission by G. A. Ireland, counsel for importer, the
Lawrence Publishing Company NZ Ltd.

Decision

These publications were commercially imported through
Auckland in November 1988. The publications having been
seized by the Collector of Customs, the importer has 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.

In his written submission to the Tribunal Mr Ireland refers to
the recent report "Pornography" of the Ministerial Committee
of Inquiry into Pornography, Wellington, January 1989, where
the committee found:

"The harmful aspects of pornography lie in its usually
exploitative and sometimes even violent treatment of
sexuality and in its constant stereotyping and diminution
of women. Most of the activities portrayed in
pornography are enjoyed by many when they occur in the
framework of a consenting sexual relationship. We see no
evidence for harm in the viewing or reading of the type of
material we have defined as erotica, whether it be
heterosexual, homosexual, or transsexual and whatever
the nature of the activities, given that they are not violent
or demeaning."

Mr Ireland goes on to say:

"Furthermore the material shown in these publications
clearly does not come within the committee's definition of
what is or could presumed to be likely to be injurious to
the public good [para. 9.3]. The committee also fully
supported the NZ AIDS Foundation that such material is
valuable in providing fantasy for safe sex practices:

"We firmly reject some suggestions made to us that the
AIDS epidemic gives grounds for more stringent
standards being applied to gay material. Rather we
agree with suggestions that discriminatory classification
practices contribute to low self-esteem regarding sexual
orientation and that the building of good self esteem is
an important prerequisite to the adoption of safe sex
practices." [pg 91]

It is my submission that the Tribunal is entitled to attribute
considerable weight to the findings of the committee. As
the members will be aware the committee of inquiry
thoroughly investigated the alleged harmful effects of
pornography and its report has been described by
Attorney General Geoffrey Palmer as one of the best of its
type produced anywhere in the world.

I therefore ask that these and like publications be given an
age restriction."

The Tribunal has given very careful consideration to the
submission made by Mr Ireland and that made by Mr
Wotherspoon on behalf of the Comptroller of Customs. In this
decision, the Tribunal will group the various publications
under the actual classification which it has found is
appropriate for each of the publications.

The Tribunal finds the following publications unconditionally
indecent because of the explicit sexual behaviour which is
depicted in those publications. That behaviour is depicted is of
a kind which the Tribunal is satisfied is injurious to the public
good:

Red Hot Couples, Vol. 1, No. 15.

Close Shave, Vol. 1, No. 4.

The New Golden Guys, Issue 6.

Erotic Stars, No. 5.

Cinema Blue, August 1988.

Black Cat.

Hot Shots, Vol. 1, No. 4.

High Heeled Women, Vol. 2, No. 1.

Over 40, Vol. 1, No. 4.