Indecent Publications Tribunal Decision




6260 NEW ZEALAND GAZETTE No. 221

including more recent ones 30/88 and 31/88 where such classifications were given to identical or similar publications. In respect of the remaining group of publications listed under appendix B in his submission, Mr Wotherspoon invited the Tribunal to consider classifying all of these as unconditionally indecent because of the excessive intimacy, the acts of masturbation and genital manipulation by the models portrayed and the emphasis in many of the magazines placed on genital exposure and various aspects of oral and lesbian sexual activities.

Prior to the sitting of the Tribunal Mr Cheeseman had very kindly provided the Tribunal with a lengthy written submission in relation to all of the publications. In respect of what might be called the schedule A publications Mr Cheeseman very helpfully referred to earlier decisions of the Tribunal in respect of titles identical to those before the Tribunal and containing content of a similar kind to the publications now to be reviewed. Mr Cheeseman advised the Tribunal that the importer would be happy to accept R18 classification for these publications but he sought, in addition, on behalf of the importer a serial order under section 15a of the Act to that effect. In the outcome the Tribunal has not been able to meet that particular request for the reasons which will shortly be outlined. We proposed to deal with all of these publications under 3 particular categories.

  1. Kingsize, Vol. 19, No. 1; Kingsize, Vol. 19, No. 2; Kingsize, Vol. 19, No. 3; Black Nookie, Vol. 1, No. 1; Black Beauties, Vol. 1, No. 1; Lusty Black Babes, Vol. 1, No. 1; Black Foxes, Vol. 1, No. 1; Southern Belles, Vol. 1, No. 1; Black & Lusty, Vol. 5, No. 3; Black Girl Review, Vol. 8, No. 1; Black Girl Review, Vol. 8, No. 1; Vanna, No. 1; Bouncy Boobs, Vol. 2, No. 1; Tops & Bottoms, Vol. 2, No. 1; Hot Legs, Vol. 6, No. 2; Panty Babes, Vol. 3, No. 4; Rear View, Vol. 1, No. 1; Rear View, Vol. 1, No. 2; Barelegged Babes, Vol. 1, No. 1; Barelegged Babes, Vol. 1, No. 2; Legs & Asses, Vol. 6, No. 3; Legs & Asses, Vol. 6, No. 4; Big Beautiful Bazooms, No. 1; Latin Babes, Vol. 6, No. 3; Latina Ladies, Vol. 1, No. 3; Strip Down, Vol. 2, No. 1; Strip Down, Vol. 3, No. 2; Oriental Pussies, Vol. 1, No. 2; Oriental Erotics, Vol. 1, No. 1; Geisha Girls, Vol. 7, No. 1; Geisha Girls, Vol. 7, No. 3; Geisha Girls, Vol. 7, No. 4; Chunky Asses, Vol. 6, No. 2; Chunky Asses, Vol. 6, No. 3; Chunky Asses, Vol. 6, No. 4; Bottom, Vol. 19, No. 1; Bottom, Vol. 19, No. 2; Skirts Up, Vol. 8, No. 2; Ass Parade, Vol. 7, No. 1; Ass Parade, Vol. 7, No. 2; Asses Up, Vol. 4, No. 2; Asses Up, Vol. 4, No. 3; Fanny, Vol. 17, No. 2; Fanny, Vol. 17, No. 3; Floppers, Vol. 5, No. 4; Floppers, Vol. 7, No. 3; Floppers, Vol. 7, No. 3; Bouncers, Vol. 1, No. 2; Bouncers, Vol. 1, No. 3; Black & Beautiful, Vol. 2, No. 3; Black & Beautiful, Vol. 2, No. 4; Hefty Mamas, Vol. 7, No. 2; Legs Legs Legs, Vol. 5, No. 3; Legs Legs Legs, Vol. 5, No. 4; Hanging Breasts, Vol. 7, No. 1; Hanging Breasts, Vol. 7, No. 3; Erect Nipples, Vol. 6, No. 4; Erect Nipples, Vol. 7, No. 1; Take It Off, Vol. 1, No. 1; Fantastic Women, Vol. 1, No. 2; Seductive Superstars; Erotic Exotics, Vol. 1, No. 1; Personal Pussies, Vol. 1, No. 1; Heather Wayne, Vol. 1, No. 1; Hanging Out, Vol. 1, No. 3; Hot & Pregnant, Vol. 1, No. 1; Budding Tits, Vol. 1, No. 3; Lusty Legs, Vol. 2, No. 1; Asian Erotica, Vol. 1, No. 1; Big Busty Brunettes, Vol. 1, No. 1; More Than A Handful, Vol. 2, No. 2; Bazooms, No. 1; Girls Who Have Big Nipples, Vol. 1; Fondle, Vol. 2, No. 2; Fat Sizzlers, Vol. 1, No. 1; Buxom Blondes, Vol. 1, No. 1; Busting Out, Vol. 5, No. 1; Bawdy Blondes, Vol. 1, No. 1; Lonesome Ladies, Vol. 1, No. 1; Bitching Brunettes, Vol. 1, No. 1; Bitching Blondes, Vol. 1, No. 1; Leggy Darlings, Vol. 1, No. 3; Big Black Bazookas; Vol. 1, No. 1; Ripe & Raunchy, Vol. 1, No. 1; Cafe Au Lait, Vol. 1, No. 1; Snatch, Vol. 5, No. 2; Asses Plus, Vol. 1, No. 1; Tip Top, Vol. 27, No. 1; Tip Top, Vol. 27, No. 2;

  2. No. 3: Big Breasted Babes; Dangle, Vol. 1, No. 4; Bra Busters, No. 1; Tasty Tits, Vol. 1, No. 1; Peek A Boobs, Vol. 1, No. 1; Peek A Boobs, Vol. 1, No. 2; Sweet Starlets, Vol. 2, No. 4; Sweet Starlets, Vol. 3, No. 1; Busty Babes, Vol. 2, No. 3; Lusty Busty Babes, Vol. 1, No. 1; Strip Tease, Vol. 8, No. 4; Strip Tease, Vol. 9, No. 1; Strip Tease, Vol. 9, No. 2; Strip Tease Fantasies, Vol. 1, No. 1; Black & Stacked, Vol. 1, No. 2; Black & Stacked, Vol. 1, No. 1; Adorable Dolls, Vol. 1, No. 1; Sweet Starlets, Vol. 3, No. 2; Brazen Blondes, Vol. 1, No. 1; Heartbreakers, Vol. 1, No. 2; Black Shaved Pussy, Vol. 1, No. 3; Shaved Black Babes, Vol. 1, No. 1; Allstar Asses, Vol. 1, No. 1; Dressed Up, Vol. 1, No. 3; Wet Snatch, Vol. 2, No. 4; Pick Tease, Vol. 2, No. 1; Alluring Angels, Vol. 1, No. 1; Shaved Exotics, Vol. 1, No. 1; Blonde Pussy, Vol. 1, No. 3; Crotches, Vol. 3, No. 3; Hot Wet Pussys, Vol. 6, No. 3; Hot Wet Pussys, Vol. 6, No. 4; Hot Wet Pussys, Vol. 7, No. 1; Tight Pussies, Vol. 1, No. 1; Tight Pussies, Vol. 1, No. 2; Shaved, Vol. 14, No. 1; Shaved, Vol. 14, No. 2; Shaved, Vol. 14, No. 3; Sexy & Shaved, Vol. 2, No. 1; All Star Pussy, Vol. 1, No. 1; Anal Babes, Vol. 5, No. 5; Teasers, Vol. 2, No. 3; Teasers, Vol. 2, No. 4; Split Beavers, Vol. 6, No. 4; Split Beavers, Vol. 7, No. 1; Split Beavers, Vol. 7, No. 2; Hot Foxes, Vol. 1, No. 1;

The majority of these magazines contain photographs with very little accompanying text and are invariably of single female models. Each of the publications, as their titles suggest, portray a particular theme and they have for example photographs involving large-breasted women or women of a particular race or photographs which concentrate on a particular part of the female anatomy. The Tribunal is satisfied that the pictures are in many cases very crudely displayed, in fact the whole presentation could only be described as coarse and crude. Because of the Tribunal's concern about this particular type of publication, a member of the Tribunal, Ms Barrington, is going to write a supplementary decision to fully express those particular concerns. If the prescription within which the Tribunal has to act contained a provision that material which was demeaning of women could in appropriate cases be considered unconditionally indecent, then a significant number if not all of these publications would receive an unconditionally indecent classification. Within the present prescription available to the Tribunal, and in the light of previous decisions the Tribunal were unable to find that these particular publications were injurious to older readers and accordingly classify each as indecent in the hands of persons under the age of 18 years. We are not prepared to grant a serial restriction order classification as sought by the importer and distributor and the simple reason for that is there are some publications within what might be called schedule A which we list immediately hereunder and which we find for the reasons described to be unconditionally indecent.

  1. The following list of publications which come within the Comptroller of Customs’ schedule A, we in fact find to be unconditionally indecent and so classify them for the reasons which are briefly stated after each of the volumes named:

Shauna Grant: First Shoot—This publication contains on page 3 a number of photographs, although small in size, advertising other magazines which are available and which clearly are the kind that must attract an unconditionally indecent classification. There are also throughout the publication some photographs which indicate genital manipulation and even masturbation of the kind which the Tribunal has previously considered justified such classification.

Sweetharts, Vol. 1, No. 3; Sweetharts, Vol. 1, No. 4—Both of these publications contain photographs of models engaged in genital masturbation and in the Tribunal’s view in some cases, masturbation and those depictions are of a kind that justify the classification of unconditionally indecent.



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✨ LLM interpretation of page content

⚖️ Indecent Publications Tribunal Decision No. 47/89 (continued from previous page)

⚖️ Justice & Law Enforcement
Indecent Publications, Tribunal, Customs, Publications, Classification
  • Mr Wotherspoon, Submitted publications for classification
  • Mr Cheeseman, Provided written submission to the Tribunal
  • Ms Barrington, Member of the Tribunal writing supplementary decision