Church concern pushes NZLS president to take leave of absence

New Zealand Law Society | Te Kāhui Ture o Aotearoa President Frazer Barton has taken a leave of absence over advice he gave to church group Presbyterian Support Otago (PSO) on destroying children’s records, reported the NZ Law Society and the NZ Herald.

“Mr Barton informed the Board and Council today that he will take a leave of absence while any complaints are addressed. 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”, Vice-President David Campbell said.

As per the report released in line with the recently concluded Royal Commission of Inquiry into Abuse in Care, records related to the children PSO had provided care to were destroyed in 2017 or 2018. This was reportedly a time when PSO staff knew of abuse and neglect reports in its care; they were also aware of plans to launch a Royal Commission.

Barton, who was then a PSO board member, had advised ex-PSO chief executive Gillian Bremner that the records could be destroyed “but at an appropriate milestone or anniversary”, according to a statement published by the Herald.

Barton described the advice given as “informal”.

“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 told the Herald. “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’.”

According to the Herald, two formal complaints have been filed against Barton – one by Cooper Legal partner Sam Benton, another by an unnamed lawyer from a different firm. Benton indicated that he believed that there were grounds for a police investigation into PSO’s destruction of records. Incumbent PSO chief executive Jo O’Neill confirmed that she would cooperate in the event of an investigation.

“Anyone destroying documents because they believe they could be used as evidence of a crime may be committing an offence and could be prosecuted”, said Attorney-General Judith Collins, who had recently reminded state and faith-based organisations that they had a legal obligation to keep records.

While Barton is on his leave of absence, the other board members will absorb his responsibilities.