The Herald can reveal another complaint has been laid against the New Zealand Law Society president over the advice he gave an Otago church group about the destruction of children’s records.
It comes as Attorney-General Judith Collins reminded state and faith-based institutions of their legal obligation to preserve 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.
According to information in the Abuse in Care report, Frazer Barton 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”.
Frazer Barton was formerly a PSO board member and is now the president of the New Zealand Law Society.
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’.”
Frazer Barton is the president of the New Zealand Law Society.
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.
The Herald revealed on Friday that Sam Benson, a partner at Cooper Legal, made a formal complaint about the conduct of Barton.
Since Benson’s complaint was lodged, the Herald has learned, another complaint has been made about Barton by a lawyer from another firm.
Sam Benton is a partner at Cooper Legal.
The NZ Law Society would not confirm how many complaints it had received in total about its president, saying it can’t comment on any details relating to concerns or complaints.
Benson said he believed there were grounds for police to investigate the circumstances surrounding the destruction of the documents.
The current chief executive of Presbyterian Support Otago, Jo O’Neill, told the Herald she would help if police decided to investigate.
Jo O'Neill is the present chief executive of Presbyterian Support Otago. Photo / Presbyterian Support Otago
“We would fully support any investigation that would need to take place and we will provide all and any information,” she said.
O’Neill, who said she’s “deeply troubled” by what happened, said she did not know why Bremner destroyed the records. She had been unable to speak to her about it.
The Herald believes Bremner is in Botswana where she runs a tour company.
O’Neill apologised for what had occurred.
“We are not the organisation today that we were. I am extremely sorry for what has occurred.”
Responding to questions about the destruction of the records, Prime Minister Christopher Luxon said, “It doesn’t sound good.
“It doesn’t sound right; it doesn’t sound like what we want churches to do. We are calling them to responsibility, and we expect them to be fully responsible and accountable for the abuse that they have caused.”
Police said they are assessing the commission’s findings before deciding what action might be required.
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