10 MAY

NEW ZEALAND GAZETTE

1585

Confiscation of Motor Vehicle

Pursuant to section 84 (2) of the Criminal Justice Act 1985, on the 12th day of April 1990, His Honour Judge A. J. Ryan ordered the following motor vehicle forfeit to the Crown:

1974 Holden Kingswood, registered No. KS 4291.

M. B. FABLING,
Deputy Registrar.

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Forfeiture of Motor Vehicle

In the High Court of New Zealand. Auckland Registry
Renata Uea and Keith Charles Sarjeant, forfeiture of motor vehicle, notice is hereby given that on the 5th day of February 1990, this Honourable Court ordered the forfeiture of the following vehicle owned by the above-named.

1973 Mercedes Benz, Registration No. KD3410.

J. T. WILSON,
Deputy Registrar.

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Indecent Publications Act 1963

Decision No. 83/89

Reference No.: IND 62/89

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:
Inspiration 27; Licking Lesbians, Vol. 4, No. 3; Party Girls, No. 1

Chairman: Judge R. R. Kearney.
Members: R. E. Barrington, A. J. Graham and S. C. Middleton.

Hearing at Wellington on the 28th day of November 1989.

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

Decision

These publications were imported through parcel post, Christchurch on 28 October 1989 and were seized by the Collector of Customs. The importer having subsequently disputed forfeiture the publications were referred to the Tribunal for classification prior to the commencement of condemnation proceedings pursuant to the Customs Act 1966.

Inspiration 27

This is a heterosexual magazine consisting of amongst other material both single and multiple model scenes showing the persons illustrated engaging in explicit sexual intimacy. The nature of the publication is clearly injurious to the public good and the Tribunal classifies it as unconditionally indecent.

Licking Lesbians, Vol. 4, No. 3

This publication as its name suggests is almost entirely comprised of multiple model scenes of women engaging in oral sexual acts. The Tribunal is satisfied that this publication is injurious to the public good and the Tribunal classifies it as unconditionally indecent.

Party Girls. No. 1

This magazine contains photographs of single female models with very little accompanying text. The photographic emphasis on the female genitalia is of a kind which the Tribunal is satisfied would be injurious to younger readers and accordingly classifies it as indecent in the hands of persons under the age of 18 years.

Dated at Wellington this 9th day of January 1990.

R. R. KEARNEY, Chairman.

Indecent Publications Tribunal

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Decision No. 86/89

Reference No.: IND 56/89

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:
Female Mimics International, Vol. 17, No. 2 and 4; Love Thy TV Neighbor, Vol. 2; Teased, Tormented and Transformed, Vol. 1, No. 2

Chairman: Judge R. R. Kearney.
Members: R. E. Barrington, A. J. Graham and S. C. Middleton.

Hearing at Wellington on the 28th day of November 1990.

Appearances: M. J. Wotherspoon for Comptroller of Customs.
Written submissions from G. A. Ireland, counsel for importer.
Written submissions from private importer.

Decision

These publications were privately imported through parcel post, Auckland on 19 September 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.

Female Mimics International, Vol. 17, No. 2 and 4

The Tribunal agrees with Mr Wotherspoon that these are well produced publications which deal with female mimics and that there is no nudity or sexual activity in the pictorial matter and the text is relatively restrained. A previous issue of this magazine was classified as indecent in the hands of persons under the age of 18 years (decision No. 43/89). Mr Wotherspoon suggests that a similar classification may be appropriate in this case. In his submissions on behalf of the importer Mr Ireland likewise suggests an R18 classification.

The Tribunal after giving further consideration to the publication is satisfied that the R18 classification is too strict and accordingly classifies this issue as indecent in the hands of persons under the age of 16 years as there is some material in the publication which would be injurious to younger readers.

Love Thy TV Neighbor, Vol. 2

This is a pictorial story involving transexual encounters and it includes some references to spanking, female dominance and homosexuality. The Comptroller of Customs through Mr Wotherspoon suggests that an age restriction would be warranted and Mr Ireland on behalf of the importer supports such a classification. The Tribunal classifies this publication as indecent in the hands of persons under the age of 18 years.

Teased, Tormented and Transformed, Vol. 1, No. 2

This publication is primarily concerned with transvestism and contains photographic scenes of bondage, female domination and various multiple models scenes which involve sexual intimacy.

The text is entirely of a sexual nature.

Mr Ireland submits on behalf of the importer that an R18 classification is justified whilst the Comptroller of Customs submits that an unconditionally indecent classification would be warranted. The Tribunal wishes to make it clear as it has in respect of other decisions relating to transvestite publications that in classifying this publication as unconditionally indecent it does so solely because of the sexual intimacy depicted in the photographs in the magazine although some of the aspects of bondage also give cause for concern. Whether the models displayed in the magazine be male, female, male or female