Abstract
Nonhuman animals are sentient beings: they are conscious and autonomous with the capacity to feel pleasure and pain. This common-sense understanding is recognised by New Zealand legislation: the Animal Welfare Act 1999 (AWA) long title states that one of the purposes of the Act is to "recognise that animals are sentient." However, generally, animals are classified as "property" under the law, and many statutes do not acknowledge their sentience and interests. In particular, when considering the Crimes Act 1961, animals are not acknowledged as sentient beings but only as "property" capable of being the object of property offences. This means that while the AWA and Crimes Act both govern offending involving animals, they are at odds with how they view animals. This inconsistency and the problems that result are the focus of this dissertation.