The two men who admitted to burning down a building used by the LGBTQIA+ community in the Historic Village have been sentenced.

Alexander James Burgess, 33, and Zechariah Phillips, 29, had both pleaded guilty to arson charges back in September.

In Tauranga District Court on Tuesday, November 29, Judge Thomas Ingram sentenced Burgess to nine months in prison, and Phillips to six-months' home detention.

According to New Zealand law, a person who commits arson – the intentional or reckless damage by fire of a property – can be liable to imprisonment for up to 14 years.

Summarising his sentencing process, Judge Ingham said he had taken a starting point of 18 months in prison.

He then applied discounts for a guilty plea, and significant discounts of 50 per cent as he said both men had mental health challenges, intellectual disabilities and developmental difficulties.

A summary said the pair, who are both unemployed, allegedly started the fire at around 11.20pm on June 15, 2022, destroying the building.

Their actions, which allegedly included pushing a wheelie bin against the wall of the building and using turpentine to light the fire, were captured on CCTV.

The building, in Tauranga's Historic Village on 17th Avenue, was also the home to the RainbowYOUTH and Gender Dynamix orgnisations.

It ran as a drop-in centre and support service for the LGBTQIA+ and gender-diverse community.

It is one of 50 buildings in the village complex, however the rest were left unscathed on the evening of the fire.

Defence lawyer Craig Horsely, acting for Burgess, said it was important to clarify that this was not a hate crime and that the two men had not deliberately targeted that particular building at all.

Phillips' lawyer, Catherine Harold, said Phillips was genuinely remorseful about the impact his actions had had on the community and the village, and had participated in restorative justice.

A victim impact statement from a representative of the rainbow community had made Phillips understand just how many people had been hurt and affected by his actions.

In summing up, Judge Ingham reiterated that he believed it was not a crime motivated by malice towards the LBGT community, and that the choice of the building was incidental.

”They are mentally competent to stand in court, but a long way from being fully mentally capable and high functioning and therefore should be treated with leniency in the same way we would a young person,” he said.

Ingham also referred to the comprehensive conditions applied to assist the two men to improve their health and future behaviour.

He also recognised the emotional cost to the community and the $69,000 council needed to spend to remediate the site

After the fire, the community rallied to raise $84,037 for a new home for the services.

Outside court, Zechariah Phillips' father Paul and sister Paula spoke to Stuff.

Paula said how shocked she had been about what they had done, and from the outset her and her father had visited the village communities to see how they could help.

'We wanted to make amends in any way possible, building, fundraising, whatever,” said Paul Phillips.

Phillips' sister said her brother had significant intellectual challenges but was genuinely sorry for what he had done.

'We had restorative justice with people in the village and the Rainbow and Gender Dynamix community and were so grateful to be there.”

In a poignant moment, pride advocate Gordy Lockhart hugged Phillips' sister and recognised what the family had been going through.

'I hope Zec gets the help and support he needs to make better choices,” he said.

Lockhart said he understood the sentences but thought the men should reflect more 'in counselling, in groups, whatever, exactly what it was that motivated them. And be honest about that.

'Because there's been comments made that were not put before the court that make me question – was there an element of prejudice? Was it coincidence or incidental that that building was the only one burned out of 50?

'I think for true restorative justice to work the men have to be absolutely honest with themselves and other – it won't affect their sentence, but it will help them understand themselves and those around them.

'Only this will get them on a better path – and I really do wish them and their families well in this journey.”

-Annemarie Quill/Stuff.