Indecent Publications Tribunal Decisions




20 DECEMBER NEW ZEALAND GAZETTE 5109

members of the Tribunal is their undue and contrived emphasis of female genitalia which are displayed, for the purpose of male readers’ heterosexual arousal, in a manner injurious to the public good.

The Tribunal has applied the matters referred to in section 11 of the Act as well as the definition of indecency in section 2 to these publications. They go beyond lyric. They go well beyond vulgarity and offensiveness. The Tribunal is of the opinion that these magazines are injurious to the public good and classifies them unconditionally indecent for the above reasons.

Category B

The Tribunal finds that the following publications are indecent in the hands of persons under the age of 18 years:

Title Publisher
Big Black Hangers, Vol. 1, . . . . . . . . . . . . . . . . American Art Enterprises Inc.
Floppers, Vol. 5, No. 3 . . . . . . . . . . . . . . . . . . American Art Enterprises Inc.
Fondle, Vol. 1, No. 1 . . . . . . . . . . . . . . . . . . . Red Lion Publications.
Kingsize, No. Vol. 18, . . . . . . . . . . . . . . . . . . . . American Art Enterprises Inc.

No. 4

Mr Wotherspoon submitted that these publications may attract an R18 classification on the basis of past Tribunal decisions. In decisions 56/88 and 47/89, issues of Floppers were classified R18. Mr Wotherspoon submitted that the photographs in these magazines “place undue emphasis on the female genitalia, with many models posed in contrived positions to accentuate that part of the female anatomy”. The Tribunal however notes that there is much less genital emphasis in these 4 magazines. There are fewer photographs in which only the genital and anal areas are shown. An attempt is made to show other parts of the models’ generally unclothed bodies, including their faces. They can be distinguished from the magazines in category A on this basis, and applying the criteria in section 11 and the test for indecency in section 2, the Tribunal finds that these publications are indecent in the hands of persons under the age of 18 years.

One matter remains. Mr Cheeseman, in his written submission, requested a serial R18 restriction order under section 15A of the Indecent Publications Act for Black Girl Review, Geisha Girls, Hot Legs and Split Beavers. He also requested a similar order for 2 in category B, Floppers and Kingsize. In view of the Tribunal’s classifications of these magazines, we would rather see further editions of them before reaching a conclusion on whether or not a serial restriction order can be granted.

Dated at Wellington this 24th day of October 1990.

P. J. CARTWRIGHT, Chairperson.
Indecent Publications Tribunal.
go13940

Decision No. 68/90
Reference No.: IND 73/90

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 following publications: XS, Vol. 3, No. 11; XS, Vol. 3, No. 12; XS, Vol. 4, No. 1.
Publisher: Galaxy Publications Inc.

Chairperson: P. J. Cartwright.
Members: R. E. Barrington, W. K. Hastings and S. C. Middleton.

Hearing at Wellington on the 18th day of October 1990.

Appearances: G. F. Ellis for Gordon & Gotch (NZ) Ltd. M. J. Wotherspoon on behalf of the Comptroller of Customs.

Decision

These publications were submitted to the Customs Department by Mr Ellis, acting on behalf of the importer, with a request that the department submit them to the Tribunal for consideration of a serial restriction order under section 15A of the Indecent Publications Act 1963.

The publications are mainly comprised of photographs of single female models in various states of undress, and while genitalia is displayed, it is not blatantly emphasised. Such articles, cartoons and letters as are contained in the magazine are almost entirely of a sexual nature.

The Tribunal considered 7 previous issues of the magazine XS late last year, and after being satisfied that the magazine would be injurious to the younger reader, classified all 7 issues as indecent in the hands of persons under the age of 18 years.

The decision indicated that the Tribunal might be prepared to issue a serial restriction order on the publication but such a determination was not made.

Mr Wotherspoon supported Mr Ellis’ request for a serial restriction order of indecent in the hands of persons under the age of 18 years.

The Tribunal is satisfied that there is material in this publication which would be injurious to younger readers and therefore classifies each of these editions as indecent in the hands of persons under the age of 18 years. Further the Tribunal is satisfied that there is a consistency of format and content in respect of the publication XS of such a kind that it is appropriate that serial restriction order be granted classifying it as indecent in the hands of persons under the age of 18 years.

Such serial restriction order is made accordingly.

Dated at Wellington this 29th day of November 1990.

P. J. CARTWRIGHT, Chairperson.
Indecent Publications Tribunal.
go13941

Misuse of Drugs Act 1975

Confiscation of Motor Vehicle

In the District Court held at Blenheim.
Trial 2/90.

Queen
v

Peter William Edwin Gane of State Highway 1, Riverlands, Blenheim, unemployed.

Notice is hereby given that on the 2nd day of November 1990, an order was made by the District Court at Wellington, pursuant to section 32 [4] of the Misuse of Drugs Act 1975, for the confiscation of the following vehicle owned by the above-named:

1980 Nissan Bluebird car. Registration No. OF 7381.

I. C. CAMERON, Registrar, District Court, Blenheim.
go13920

Marriage Act 1955

Marriage (Approval of Organisations) Notice No. 20

Pursuant to the Marriages Act 1955, the Registrar-General of Marriages, hereby gives notice as follows:

  1. This notice may be cited as the Marriage (Approval of Organisations) Notice No. 20.

  2. The organisation specified in the Schedule hereto is hereby declared to be an approved organisation for the purpose of the Marriage Act 1955.



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✨ LLM interpretation of page content

⚖️ Classification of 'Lesbian Love' and 'Sex Bizarre' Publications (continued from previous page)

⚖️ Justice & Law Enforcement
24 October 1990
Indecent Publications Act, Customs, Tribunal Decision, Classification
  • P. J. Cartwright, Chairperson, Indecent Publications Tribunal

⚖️ Classification of Publications as Indecent for Persons Under 18

⚖️ Justice & Law Enforcement
24 October 1990
Indecent Publications Act, Tribunal Decision, Classification, Age Restriction
  • P. J. Cartwright, Chairperson, Indecent Publications Tribunal

⚖️ Classification of 'XS' Publications and Serial Restriction Order

⚖️ Justice & Law Enforcement
29 November 1990
Indecent Publications Act, Serial Restriction Order, Tribunal Decision, Age Restriction
  • P. J. Cartwright, Chairperson, Indecent Publications Tribunal
  • R. E. Barrington, Member, Indecent Publications Tribunal
  • W. K. Hastings, Member, Indecent Publications Tribunal
  • S. C. Middleton, Member, Indecent Publications Tribunal

⚖️ Confiscation of Motor Vehicle under Misuse of Drugs Act

⚖️ Justice & Law Enforcement
2 November 1990
Misuse of Drugs Act, Confiscation, Motor Vehicle, District Court
  • Peter William Edwin Gane, Owner of confiscated vehicle

  • I. C. Cameron, Registrar, District Court, Blenheim

⚖️ Approval of Organisation for Marriage Act

⚖️ Justice & Law Enforcement
Marriage Act, Approved Organisation, Registrar-General
  • Registrar-General of Marriages