20 DECEMBER

NEW ZEALAND GAZETTE

5103

Decision No. 51/90
Reference No.: IND 45/90

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 publications contained in
application No 45/90. These publications are more
particularly referred to by title and publisher in the
categories specified in the decision which follows:

Chairperson: P. J. Cartwright.

Members: W. K. Hastings, K. A. R. Hulme and S. C. Middleton.

Hearing at Wellington on the 16th day of August 1990.

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

Decision

These publications (63 in number) were commercially
imported through Auckland air freight on or about November
1987. Clearance of the publications was not made at that time
and seizure by the Collector of Customs was not effected until
7 May 1990. 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.

All these publications are paperback books the contents of
which describe graphic sexual encounters. The majority of the
publications are stories of homosexual activity while the
remainder are of bisexual and transsexual encounters. They
are all sexually explicit. In the Tribunal’s finding 13 paperback
books justified an age restriction of 18 with the remainder, the
great majority, justifying an unconditionally indecent
classification. Accordingly the publications are sublisted below
in respect of those particular classifications.

Category B

These publications contain little text and essentially consist of
photographs of multiple model scenes of explicit sexual
intimacy. They clearly breach the tripartite test. The Tribunal
agrees with Mr Wotherspoon that an unconditionally indecent
classification is warranted. The Tribunal is satisfied that all the
publications listed in category B are injurious to the public
good and classifies them as unconditionally indecent.

Title | Publisher

--- | ---
Father Daughter Incest | American Art Enterprises Inc
Great Danes for Mom | Greenleaf Classics
Sleeping with Sis | Carlyle Communications Inc

Category C

These publications are paperbacks and are similar in
presentation in that the contents describe graphic sexual
encounters. The contents cover sexual activities such as incest
and bestiality. The publications have little storyline and depict
criminal and deviant behaviour as being enjoyable to the
victim. Similar publications have previously been considered
by the Tribunal (decision No. 70/89 and 52/89) and classified
as unconditionally indecent. Based on these decisions and in
view of the clear fact that the present publications do not
appear to have any content which would allow for any
redeeming feature, the Tribunal agrees with the Comptroller of
Customs that these publications would be injurious to the
public good and accordingly each of them is classified by the
Tribunal as unconditionally indecent.

Title | Publisher

--- | ---
Walter My Secret Life, Vol. 2 | Polly Books Limited
Walter My Secret Life, Vol. 3 | Moontide Limited, London

One copy only was provided of these publications. They were
received only a short time ago. A decision in respect of these
publications has been deferred until they have been read by all
members.

Title | Publisher

--- | ---
Genesis, Vol. 15, No. 12 | Atrium Multi Media Corp

This publication, directed towards the heterosexual market,
features photographs of single female models and written
articles. Previous issues have been classified by the Tribunal
variously as unconditionally indecent or indecent in the hands
of persons under the age of 18 years.

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

Title | Publisher

--- | ---
Hustler, Vol. 15, No. 1 | Hustler Magazine Inc
Oui | Laurant Publishers Limited

These publications are directed towards the heterosexual
market. Both publications contain photographs of single
female nudes many of which have excessive emphasis and
concentration directed to the female genitalia. In addition
the publications also have a significant number of multiple
model scenes showing acts of sexual intimacy between the
models displayed. Both these publications contain elements of
multiplicity of sexual activity of a kind which the Tribunal is
satisfied requires that they be classified as unconditionally
indecent because they are injurious to the public good. The
Tribunal accordingly classifies both these publications as
unconditionally indecent.

Dated at Wellington this 14th day of September 1990.

P. J. CARTWRIGHT, Chairperson.

Indecent Publications Tribunal.

go13931

Unconditionally Indecent

Title | Publisher

--- | ---
Abused at Attica | Star Distributors
African Sex Warriors | Star Distributors
Backwoods Rough House | Star Distributors
Bentley Hall | Arena Publications
Big Black Bruiser | Star Distributors
Big Black Sailor | Star Distributors
Big City Chicken | Star Distributors
Big Rig | Arena Publications
Biker’s Little Sex Toy | Star Distributors
Black Studs Lingerie | Star Distributors
Chicken Hawk | Star Distributors
Chicken Rapist | Star Distributors
Cock Balls and Tits | Star Distributors
Cocked for Action | Star Distributors
Dark Desires | Star Distributors
Dilly Boy | Arena Publications
Fireman’s Cute Toy | Star Distributors
Hard Driving Bikers | Star Distributors
Hard Time | Arena Publications
Hard Training | Arena Publications
His First Time | Star Distributors
Hot Black Chicken | Star Distributors
Hot Black Meat | Star Distributors
Hot for Leather | Arena Publications
Hung Black Punk | Star Distributors
Hunky Punk | Arena Publications
Jake’s Frilly Panties | Star Distributors
Jim’s Hard Ten-Incher | Star Distributors
Lockerroom Rookie | Star Distributors
Macho Man in Heels | Star Distributors
Mountain Man | Arena Publications
New Boy on the Street | Star Distributors
Punk Discipline | Arena Publications
Randy Needs More | Star Distributors
Randy Studs | Star Distributors