The Logics of Death and Sacrifice in the Resource Management Law Reforms of Aotearoa/New Zealand

Abstract

Our purpose is critical discussion of recent developments in resource management law and institutional reform in Aotearoa/ New Zealand.1 We look particularly at the theme of sustainability and at the question of rights and duties established under the 1991 Resource Management Act. Although the emphasis substantively is on New Zealand, the methodological arguments have much wider application. Our departure point is an insistence on a distribution of sacrifice in the sense defined by Warren Samuels and Nicholas Mercuro [Samuels 1971, 1972, 1974, 1989; Samuels and Mercuro 1979, 19801-that is, of a choice being made concerning what and whose interests (present and future, human and nonhuman) are to count in resource use and environmental management decisions. We consider this enactment of sacrifice in two complementary ways: first in the terms familiar to economists-welfare, property rights, and social choice theory-

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