9 NOVEMBER NEW ZEALAND GAZETTE

5677

pornography in that they deal with contrived poses and a variety of forms of sexual intercourse and oral sex in graphic detail. The Tribunal is satisfied that this publication is injurious to the public good and classifies it unconditionally indecent.

Dated at Wellington this 18th day of May 1989.

R. R. KEARNEY, Chairman.

Indecent Publications Tribunal.

go20787

Decision No. 27/89

Reference No.: IND 64/88

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:

Herotica:

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. No appearance on behalf of importer.

Decision

This publication was commercially imported through seafreight, Auckland in October 1988 and having been seized by the Collector of Customs the importer has disputed forfeiture and the publication has been referred to the Tribunal for classification prior to the commencement of condemnation proceedings pursuant to the Customs Act 1966.

The publication is a soft covered book which claims to be a collection of “women’s erotica” fiction. It consists of a series of stories by different authors, all of which explicitly describe sexual encounters.

In his submission on behalf of the Comptroller Mr Wotherspoon submitted that the standard of literature and presentation was somewhat higher than is sometimes found in erotic novels of this type and submits that the Tribunal may wish to place an age restriction on the publication because the material would be injurious to younger readers.

The Tribunal agrees with the submission made by Mr Wotherspoon and accordingly classifies this publication as indecent in the hands of persons under the age of 18 years.

Dated at Wellington this 18th day of May 1989.

R. R. KEARNEY, Chairman.

Indecent Publications Tribunal.

go20789

Decision No. 28/89

Reference No.: IND 21/89

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:

Hot Male Review, Vol. 4, No. 1; Hot Male Review, Vol. 4, No. 3; Hot Male Review, Vol. 4, No. 4; Hot Male Review, Vol. 4, No. 6; Hot Male Review, Vol. 5, No. 1; Hot Male Review, Vol. 5, No. 2; Stars, December 1988, Vol. 2, No. 11; Stars, May 1988, Vol. 2, No. 6; Stars, February 1988, Vol. 2, No. 5; Stars, December 1987, Vol. 2, No. 4; Stars, July 1987, Vol. 1, No. 11; Stars, November 1986, Vol. 1, No. 3; Skin Flicks, January 1985, Vol. No. 35; Skin Flicks, February 1988, Vol. 8, No. 2; Skin Flicks, September 1987, Vol. 7, No. 5; Skin Flicks, August 1987, Vol. 7, No. 3; What’s in Heat, December 1988, Vol. 1, No. 10; What’s in Heat, February 1989, Vol. 1, No. 12; Stallion, September 1985, Vol. 4, No. 4; Just Men, September 1986, Vol. 4, No. 5; Wrestlers, Odyssey, No. 2; Manshots, September 1983, Vol. 1, No. 1; Obsessions, July 1988, Vol. 1, No. 4; Horny Undergrads, Manscape, July 87, Vol. 3, No. 4; Manscape, August 1985, Vol. 1, No. 9; Jock, December 1988, Vol. 4, No. 10; Jock, January 1988, Vol. 4, No. 1; Jock, May 1988, Vol. 4, No. 5; Jock, February 1988, Vol. 4, No. 2; Jock, November 1987, Vol. 3, No. 11; Jock, June 1985, Vol. 1, No. 5; Torso, February 1989, Vol. 7, No. 3; Torso, January 1989, Vol. 7, No. 1; Torso, December 1988, Vol. 6, No. 7; Torso, November 1988, Vol. 7, No. 5; Torso, September 1988, Vol. 7, No. 6; Torso, November 1983, Vol. 2, No. 5; Skin Flicks, January 1989, Vol. 9, No. 1; First Hand, February 1988, Vol. 3, No. 2; First Hand, June 1987, Vol. 7, No. 6; Hot Shots, November 1987, Vol. 2, No. 6; Male, December 1986, Vol. 1, No. 3; Jeff & Eric, Jeff Stryker (Portrait of a Superstud); Eric Radford; Skin Flicks, Vol. 7, No. 4; Blue Boy, September 1988, Vol. 1, No. 5; Honcho, January 1987, Vol. 10, No. 1; Hot Male Review, July 1987, Vol. 3, No. 6; Jock, November 1985, Vol. 1, No. 10.

Chairman: Judge R. R. Kearney.

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

Hearing at Wellington on the 27th day of April 1989.

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

Decision

These publications were imported through Auckland Airport in February 1989, and were seized by the Collector of Customs. The importer having subsequently disputed forfeiture the publications have been referred to the Tribunal for classification prior to the commencement of condemnation proceedings pursuant to the Customs Act 1966.

As pointed out by the Comptroller of Customs in the submission made by Mr Wotherspoon, all of the publications contain material which is clearly directed towards the male homosexual market and are principally magazines containing photographs of male models in a variety of poses. The Tribunal has carefully considered the submissions made by the Comptroller of Customs and also by Mr Ireland on behalf of the importer and makes the following decisions:

Because of the content of these publications either relating to the excessive sexual intimacy displayed, ejaculation, masturbation or bondage the Tribunal finds them all to be unconditionally indecent:

• Hot Male Review, Vol. 4, No. 1
• Hot Male Review, Vol. 4, No. 3
• Hot Male Review, Vol. 4, No. 4
• Hot Male Review, Vol. 4, No. 6
• Hot Male Review, Vol. 5, No. 1
• Hot Male Review, Vol. 5, No. 2
• Stars, December 1988, Vol. 2, No. 11
• Stars, May 1988, Vol. 2, No. 6
• Stars, February 1988, Vol. 2, No. 5
• Stars, December 1987, Vol. 2, No. 4
• Stars, July 1987, Vol. 1, No. 11
• Stars, November 1986, Vol. 1, No. 3
• Stars, August 1985, No. 35
• Skin Flicks, February 1988, Vol. 8, No. 2