26 APRIL NEW ZEALAND GAZETTE 1353

any form because it is illegal in most of the places that the book will be read. Notwithstanding this supposed statement of principle it is our view that the author is in fact very much in favour of dog fighting as an acceptable activity despite its illegal nature in most parts of the world. The style of writing adopted by the author leaves us in no doubt that he is advocating dog fighting as an acceptable activity. In a very derisory manner the author refers to members of humane and animal welfare organisations such as the Royal Society for the Protection of Cruelty to Animals in Britain, and its counterpart American organisation, as “humaniacs” and “pacifists”. The author expresses the view that responsible owners of American pit bull terriers “know their charges well enough to acknowledge the simple fact that letting them fight is about as cruel as allowing a bird to fly”. Elsewhere he comments “once you know what you’re looking at and seeing, a pit dog contest gives no more impression of brutality than a marathon race or, better yet, America’s favourite sport, pro-football”. In criticising humane and animal welfare groups the author opines that if they are really interested in the welfare of dogs, they should work towards legislation (and regulation) of dog fighting. That way, he said, such groups would make a contribution towards improving the welfare of the dogs instead of worsening it, as they have in the past, with their efforts to stop dog fighting. The author’s often expressed view that dog fighting is illegal and that nothing he has written should be construed as favouring dog fighting, is seriously at odds and outweighed by a consistent strain of commentary throughout this publication which indicates very clearly that the author is best described as a devotee or aficionado of dog fighting.

On summary conviction every person who commits an offence of cruelty under the Animals Protection Act 1960 is liable to a term of imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000. That this publication describes activities which are offences under the Animals Protection Act 1960 is not, per se, a ground for classifying it as indecent. Rather it is the manner in which the book depicts, expresses or otherwise deals with acts of horror, crime, cruelty and violence which must be taken into account in determining whether the book is “indecent” within the meaning of the Act. In our view there is persuasive and overwhelming merit in the submissions of both Mr Boyd and Mr Atkinson that this book describes (in great detail) and actively encourages and promotes, and even lauds, an activity which is completely illegal in this country. In defending this publication Mr Haines argued that books about firearms and martial arts are freely available in retail stores all over New Zealand. He was also critical of the RNZSPCA for not calling into question books on other dogs breeds which are sometimes used in fighting such as rottweilers, bull mastiffs and dobermans. These other publications are not the subject of the present application and consequently we are unable to comment on them. The Act directs the Tribunal to consider only the characteristics of the publication submitted to it for classification.

Based on a consideration of the definition of “indecency” in section 2 and the criteria contained in section 11 (1) of the Act it is our conclusion that matters of horror, crime, cruelty and violence are depicted in this publication in a manner which is so injurious to the public good that it should be classified as indecent. Accordingly we classify The World of the American Pit Bull Terrier by Richard F. Stratton as Indecent.

Dated at Wellington this 16th day of April 1991.

P. J. CARTWRIGHT, Chairperson.

Indecent Publications Tribunal.
g04258

Justices of the Peace Act 1957

Justice of the Peace Resignation

It is noted for information that

Kuao Matangi Wawatai of 1/15 Hostel Access Road, Eastern Beach, Manukau

has resigned his appointment as Justice of the Peace for New Zealand.

Dated at Wellington this 17th day of April 1991.

D. OUGHTON, Secretary for Justice.
g04300

Motor Vehicle Dealers Act 1975

Motor Vehicle Licensing Board

Pursuant to section 6 of the Motor Vehicle Dealers Act 1975, as inserted by the Motor Vehicle Dealers Amendment Act 1979, the Minister of Justice has been pleased to reappoint

Roger William Lyon

company director of Auckland, as a member of the Motor Vehicle Dealers Licensing Board for a period of 3 years on and from 17 June 1991.

Dated at Wellington this 8th day of April 1991.

D. OUGHTON, Secretary for Justice.
g04299

Oaths and Declarations Act 1957

Revocation of Authorisation to Take Statutory Declarations

Pursuant to section 9 of the Oaths and Declarations Act 1957, I hereby revoke the authorisation held by the officer in the service of the Crown named in the Schedule below to take statutory declarations.

Schedule

Ministry of Agriculture and Fisheries

MAF Corporate Services

North Central Region

Administration Services Manager, New Plymouth.

Dated at Wellington this 12th day of April 1991.

D. A. M. GRAHAM, Minister of Justice.

(Adm. 3/28/3/5)
g04301

Public Trust Office

School Trustees Act 1989

Trust Notice

Pursuant to section 19 of the School Trustees Act 1989 and with the approval of the Solicitor-General, the Public Trustee hereby gives notice and modifies the trusts relating to certain gifts of land formerly held in trust by the Napier High Schools Board of Governors as provided in the Schedule hereto. Those trust properties were formerly held by the Napier High Schools Board of Governors for the benefit of Colenso High School, Napier Boys’ High School and Napier Girls’ High School.

Schedule

With effect from 1 October 1989 the trust properties are vested as tenants in common in equal shares in the Napier Boys’ High School Charitable Trust No. 2, The Napier Girls’ High School Charitable Trust No. 2 and Colenso High School Charitable Trust No. 2. Vesting of the shares in each trust is dependent upon the granting of applications by the respective trustees of each trust for incorporation as a Board pursuant to section 7 (3) of the Charitable Trust Act 1957.