Indecent Pub. Tribunal ‘fettered’ By Decision (Press, 28 October 1986)

On 28 October 1986, Judge Kearney, the chairman of the Indecent Publications Tribunal in New Zealand, expressed concerns about the impact of a recent Court of Appeal decision on the tribunal's ability to classify publications effectively. The ruling had complicated the tribunal's task of assessing whether materials were "injurious to the public good," a challenge that had become nearly insurmountable following the Court's decision. In addressing two magazines, "Fiesta" and "Knave," submitted by importer Gordon and Gotch, Ltd, the majority of tribunal members, including Judge Kearney, concluded that the publications could not be classified as unconditionally indecent but were deemed indecent for individuals under 18. However, a minority opinion found the magazines indecent overall, arguing they offended widely accepted community standards. Judge Kearney reflected on the Indecent Publications Act of 1953, noting that it aimed to limit censorship, yet the tribunal's role had devolved largely into reviewing publications featuring nude imagery and low-quality literature. He lamented how the tribunal's mission had shifted over the years, as the standards of morality and decency had evolved in society. The judicial difficulties stemmed from the case of the "Greystoke Illustrated 1983" calendars, which were seized by customs due to their explicit content. Initially deemed not indecent by a District Court Judge, the matter escalated to the Court of Appeal, which upheld the lower court's decision. This ruling clarified that the calendars were documents rather than books, leading to complications for the tribunal, which had to navigate the implications of this distinction in classifying future materials. Judge Kearney noted that this new interpretation of "indecency" was now more stringent and rigid, complicating the tribunal's deliberation process. He expressed disappointment that such a trivial item as a calendar featuring nude men had become pivotal in shaping the tribunal's operational framework. He suggested that the current circumstances severely hampered the tribunal's capacity to evaluate whether publications were detrimental to public welfare and wished for the Court of Appeal's decision to be reconsidered in a broader context. Overall, Judge Kearney's reflections highlighted the increasing challenges the tribunal faced in maintaining its intended purpose due to evolving legal interpretations and societal standards.

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