Barton allegedly suggested that documents could be destroyed "but at an appropriate milestone"
Dunedin lawyer Frazer Barton, currently on leave from his role as president of the New Zealand Law Society (NZLS), is being investigated by the society, his law firm Anderson Lloyd confirmed on Thursday. The investigation follows allegations linking him to the destruction of documents by Presbyterian Support Otago (PSO), as detailed in the final report from the Royal Commission of Inquiry into Abuse in Care.
At least two lawyers have filed formal complaints against Barton with the NZLS, including Sam Benton, a partner at Wellington-based Cooper Legal, which specializes in historic abuse claims.
NZLS has refrained from commenting on the investigation due to legal constraints, but Anderson Lloyd has acknowledged it.
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Richard Greenaway, the firm’s chief executive, described the commission’s report as “heart-rending” and expressed sympathy for survivors of abuse. “The issue concerning the destruction of documents by PSO is now the subject of Law Society complaints and investigation and we fully support that process while it runs its course,” he told the Otago Daily Times.
Despite the ongoing investigation, Mr. Barton remains a partner at Anderson Lloyd, leading the Otago litigation team. Greenaway praised Barton as a highly respected senior lawyer and a close colleague, noting the firm’s support for Barton and his family during this challenging period.
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Restrictions with investigation ongoing
An NZLS spokesman reiterated that the society is legally restricted from disclosing details about complaints or investigations. “We are prevented by section 188 of the Lawyers and Conveyancers Act 2006 from commenting on whether we have received a complaint, or any details of concerns or complaints raised with us,” he said. Complaints and decisions are handled by independent standards committees.
The Royal Commission of Inquiry into Abuse in Care’s final report implicates Barton in advising former PSO chief executive Gillian Bremner to destroy records about children and young people in the organization’s care. The report states that Bremner instructed a staff member to destroy the documents in late 2017 or early 2018 after seeking “informal advice” from Barton, a former PSO board chair. Barton allegedly suggested that the documents could be destroyed “but at an appropriate milestone or anniversary.”
Barton previously told the Otago Daily Times that his advice was not a formal recommendation but an indication that records could be destroyed at an appropriate time, such as after the death of the person concerned or after 100 years.
Mr. Barton has also taken a leave of absence from his University of Otago Council duties. A university spokeswoman stated that the Council is aware of the complaints before the law society and intends to await the outcome of the investigation.
As the investigation progresses, the firm and the NZLS maintain their commitment to due process and the integrity of the legal profession.