New Zealand Law Society president Frazer Barton has taken leave, after the Herald revealed complaints had been lodged after he advised an Otago church group that children’s records it held could be destroyed.
The Law Society confirmed he had taken leave “while any complaints are addressed”.
At least two complaints have been made against Frazer after the Abuse in Care report said he told the former chief executive of Presbyterian Support Otago (PSO), Gillian Bremner, she could destroy the records of the children it cared for, “but at an appropriate milestone or anniversary”.
The commission’s report said the documents were destroyed in 2017 or 2018 and that at that time staff at PSO were aware of reports of abuse and neglect in its care, and that there were plans for a Royal Commission to be established.
David Campbell, vice-president of the Law Society, confirmed in a statement Barton had taken leave.
“Mr Barton holds the work and the role of the Law Society in high regard and does not wish the ongoing public interest in his previous governance role at Presbyterian Support Otago to be a distraction.”
In the interim, the president’s responsibilities will be delegated to the other board members, he said.
Barton told the Herald the advice he gave Bremner was “informal advice”.
“Any suggestion I advised the then-CEO to destroy the documents in 2017/2018 is incorrect. As the report makes clear, I was asked for informal advice by the then-CEO while I was a board member, and it was in this capacity I gave the advice,” he said.
“I said Presbyterian Support Otago had to provide a survivor’s records to their legal representative and that the documents could only be destroyed later ‘at an appropriate milestone or anniversary’.”
Earlier on Friday, Attorney-General Judith Collins reminded state and faith-based institutions of their legal obligation to preserve relevant records.
In a statement, she said destroying records could have serious implications.
“Anyone destroying documents because they believe they could be used as evidence of a crime may be committing an offence and could be prosecuted,” she said.
“These laws are in place to protect the most vulnerable in our society, and I’d like to acknowledge the many organisations that treat this information with the respect it deserves.
“Those who do not, or have not, should be aware of their obligations and the potential consequences.”