25 OCTOBER NEW ZEALAND GAZETTE 4017

Vol. 1, No. 1; TV Exhibitionists, Vol. 1, No. 2. Publisher: Holly Publications; TV Queens, Vol. 5, No. 1; TV Queens, Vol. 5, No. 2. Publisher: American Art Enterprises; Ultra Femmes, Vol. 1, No. 2; Dominant Shemales, Vol. 1, No. 2. Publisher: Holly Publications; Drag Queens, Vol. 6, No. 1. Publisher: American Art Enterprises; Dominant Daydreams, Vol. 1, No. 3; Domination Digest, Vol. 1, No. 3; I Speak You Obey, Vol. 1, No. 1; Leading Ladies, Vol. 1, No. 2; Leading Ladies, Vol. 1, No. 4; Leather Scenes, Vol. 1, No. 1; Mistress Knows Best, Vol. 1, No. 3; Women Who Dominate Men, Vol. 1, No. 3. Publisher: Holly Publications; FMI, Vol. 18, No. 3; FMI, Vol. 18, No. 4. Publisher: Magcorp; Bizarre TV’s, Vol. 1, No. 2; Bound to Submit, Vol. 1, No. 3. Publisher: Holly Publications; Heels of Domination, Vol. 1, No. 2; Mistress of Domination, Vol. 1, No. 2. Publisher: American Art Enterprises; Reflections, Vol. 10, No. 4. Publisher: Magcorp; Under Her Thumb, Vol. 3; Women Who Dominate Men, Vol. 1, No. 2. Publisher: Holly Publications; Scoop, No. 8. Publisher: Forlage Popettan; Black & Beautiful, Vol. 2, No. 1; Black Magic, Vol. 9, No. 3. Publisher: American Art Enterprises; Busen 30. Publisher: Pleasure; Heat Breakers, Vol. 1, No. 1; Heavy Hangers, Vol. 1, No. 1. Publisher: Red Lion Publications; Milk, Vol. 1, No. 7; Milky Mamas Special, No. 1; Oriental Pussy, Vol. 1, No. 3; Poppin & Milkin, Vol. 2, No. 3; Punk Pussy, Vol. 1, No. 1; Tattoo, Vol. 1, No. 1. Publisher: American Art Enterprises; Oriental Tickle, No. 1. Publisher: Unknown; Let Me See I’ll Let You Know, No. 1. Publisher: Academy Press; Stiff Competition. Publisher: Arewa Publications; 100 Pages of Dick Rambone, Vol. 1, No. 1; 150 Pix of Anal Penetration, Vol. 1, No. 1; Blonde Anal Babe, Vol. 1, No. 1. Publisher: Academy Press; Carnal, Vol. 1, No. 1. Publisher: American Art Enterprises; Double Fuckers Special 1; Fuckin Hefty, Vol. 2, No. 1. Publisher: Academy Press; Girl-Loving Girls, Vol. 5, No. 3; Girl-Loving Girls, Vol. 1, No. 4. Publisher: American Art Enterprises; Girl on Girl, Vol. 1, No. 4. Publisher: Red Lion Publications; Hot Male Review, Vol. 5, No. 6. Publisher: Klinger Publications; Juggs, September 1989, Vol. 8, No. 11; Juggs, October 1989, Vol. 8, No. 12. Publisher: MM Publications Ltd; Lesbian Girls, Vol. 6, No. 3; Lesbian Girls, Vol. 6, No. 5; Lesbian Lovers, Vol. 8, No. 1; Lesbian Pussy Poking, Vol. 1, No. 1. Publisher: American Art Enterprises; Loving Lesbians, Vol. 1, No. 2; Over 150 Pix of Eating Pussy, Vol. 1, No. 1. Publisher: Academy Press; Pretty Girls Erotica, No. 2. Publisher: Maxwell Leigh; Scoop, No. 7; Scoop, No. 6; Scoop, No. 9. Publisher: Forlage Popettan AB; Skin Flicks, Vol. 9, No. 4. Publisher: Magcorp; TV Transformations, Vol. 1, No. 1. Publisher: Holly Publications; Wild Fuckin Special 1. Publisher: Academy Press; Dam Pumping Meat. Publisher: Dam Studios; Girls Life, No. 2; Girls Life, No. 3; Girls Life, No. 4; Girls Life, No. 5; Highlife Girls, No. 2. Publisher: Beta Verlag GMBH & The Penthouse Collection, Vol. 5, No. 1. Publisher: Penthouse International Ltd. (U.K. Edition).

Chairman: Judge R. R. Kearney

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

Hearing at Wellington on the 23rd day of May 1990.

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

Decision

Although there was no written submission by or on behalf of the importer a detailed written submission was received from Brian Cheeseman on behalf of the importer and intended distributor, Waverley International 1988 Limited of Auckland. In his submission Mr Cheeseman has placed the large number of publications into various categories and has submitted to the Tribunal that those categories will be of assistance in classifying the various publications.

These publications were commercially imported through Auckland air freight on 13 December 1989 and were seized by the Collector of Customs. The importer having subsequently disputed forfeiture of the publications they were referred to the Tribunal for classification prior to the commencement of condemnation proceedings pursuant to the Customs Act 1966.

The Tribunal having considered the representation made in writing by Mr Cheeseman and having received a submission on behalf of the Comptroller of Customs presented by M. J. Wotherspoon has reached decisions in respect of all of the items. In relation to the great bulk of the publications the Tribunal has reached a conclusion that they would be injurious to younger readers and has accordingly classified those particular publications as either indecent in the hands of persons under the age of 18 years, category A or indecent in the hands of persons under the age of 16 years, category B.

The publications in respect of the category A and B series cover the whole gamut of modest to more explicit sexually orientated subjects the great majority being depiction of the nude female. In addition there are transsexual and transvestite magazines and as, in relation to both categories A and B Mr Cheeseman in his classification does not take issue with the classification which the Tribunal imposes, we do not propose to set out in any detail the nature of each of those publications.

Category A

The Tribunal as indicated finds that these publications contain material which would be injurious to younger readers and classifies each as indecent in the hands of persons under the age of 18 years.

Anal Babes, Vol. 5, No. 2; Anal Babes, Vol. 5, No. 3; Ass Parade, Vol. 6, No. 2; Ass Parade, Vol. 6, No. 4; Black & Lusty, Vol. 5, No. 2; Black Dish, No. 1; Black Floppers, Vol. 1, No. 1; Black Girl Review, Vol. 8, No. 2; Boob Babes, No. 1; Bottom, Vol. 18, No. 4; Bouncers, Vol. 1, No. 1; Bouncy Boobs, Vol. 1, No. 4; Busting Out, Vol. 4, No. 4; California Blondes, Vol. 1, No. 2; Chesty Blondes, No. 1; China Dolls Special, Vol. 1, No. 1; Chunky Asses, Vol. 6, No. 1; Erect Nipples, Vol. 6, No. 3; Exotics, Vol. 1, No. 1; Fanny, Vol. 17, No. 1; Fat Mamas, No. 3; Geisha Girls, Vol. 6, No. 3; Geisha Girls, Vol. 7, No. 1; Geisha, No. 3; Girls Who Lick Their Nipples, Vol. 1, No. 1; Hot Wet Pussys, Vol. 6, No. 2; Hefty Mamas, Vol. 7, No. 1; Hot Buns, Vol. 2, No. 3; Hot Legs, Vol. 6, No. 1; Latino Babes, Vol. 1, No. 1; Latino Babes, Vol. 1, No. 2; Legs & Asses, Vol. 6, No. 2; Legs & Lace, Vol. 1, No. 1; Melow Mamas, Vol. 1, No. 1; Oriental Babes Special, No. 2; Mulatto Honeys, No. 1; Oriental Pussy, Vol. 1, No. 4; Poppin Mamas, Vol. 6, No. 2; Poppin Mamas, Vol. 6, No. 3; Pretty Moms, No. 1; Playmates, Vol. 7, No. 2; Red Heads, Vol. 1, No. 1; Scoop Magazine, No. 5; Sexy Miss, No. 1; Shaved, Vol. 13, No. 4; Snatch, Vol. 5, No. 3; Strip & Tease, Vol. 1, No. 1; Strip Tease, Vol. 8, No. 1; Strip Tease Fantasies, Vol. 1, No. 3; Sultry Black Dolls, Vol. 5, No. 4; Sweet Asses, Vol. 4, No. 2; Sweet Asses, Vol. 4, No. 3; Sweet Hearts, Vol. 4, No. 2; Tiger Girls, No. 1; Tip Top, Vol. 26, No. 4; Tits & Twats, Vol. 1, No. 1; Tits 4 U, Vol. 2, No. 4; Tops & Bottoms, Vol. 1, No. 1; Tough Chicks, Vol. 1, No. 2; Bizarre TV’s, Vol. 1, No. 1; Dominant Shemales, Vol. 1, No. 2; Drag Queens, Vol. 6, No. 1; Dominant Daydreams, Vol. 1, No. 3; Domination Digest, Vol. 1, No. 3; I Speak You Obey, Vol. 1, No. 1; Leading Ladies, Vol. 1, No. 2; Leading Ladies, Vol. 1, No. 4; Leather Scenes, Vol. 1, No. 1; Mistress Knows Best, Vol. 1, No. 3; Women Who Dominate Men, Vol. 1, No. 3; FMI, Vol. 18, No. 3; FMI, Vol. 18, No. 4; Black & Beautiful, Vol. 2, No. 1; Black Magic, Vol. 9, No. 3; Heat Breakers, Vol. 1, No. 1.