Date of entry in Register:
Name of appiicant/court:
Applicant to the Labelling Body:
Title of Publication:
Other Known Titles:
Country of Origin:
16 December 1999
The District Court at Christchurch
DIA Exhibit #6
Computer Image File
Components of film originally examined: Not Applicable.
Excision/Alteration: Not Applicable.
Total Running time:
Reason(s) for Excision:
... Please turn over
Direction to issue a label has been given on: Not Applicable.
SUMMARY OF THE REASONS FOR DECISION:
The publication Lv3033.jpg \s classified as:
The computer image file contains a black and white photograph of two naked boys,
aged between 6 and 9 years, standing on what appears to be a beach. They look into
the camera and rest their arms on each other. They are both wearing necklaces. The
photograph has a high degree of clarity. The photograph does not emphasise the boys'
nudity or focus upon their genitals. The photograph is not, therefore, overtly sexually
suggestive. Subsequently, the computer image file's intended audience and use is
ambiguous. The most evident purpose is that of a photographic record of the subjects.
Section 14 of the New Zealand Bill of Rights Act 1990 (NZBR Act), which deals with
the right to freedom of expression, applies to this publication. Given the ambiguity as
to the purpose and audience of the publication, its availability is unlikely to be injurious
to the public good. In applying the NZBR Act, this publication is classified as