The听Herald听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鈥檚 records.听
It comes as Attorney-General Judith Collins reminded state and faith-based institutions of their legal obligation to preserve records.听
In a statement, she said destroying records could have serious implications.听
鈥淎nyone destroying documents because they believe they could be used as evidence of a crime may be committing an offence and could be prosecuted,鈥 she said.听
听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, 鈥渂ut at an appropriate milestone or anniversary鈥.听
Frazer Barton was formerly a PSO board member and is now the president of the New Zealand Law Society.听
Barton told the听Herald听the advice he gave Bremner was 鈥渋nformal advice鈥.听
鈥淎ny 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,鈥 he said.听
鈥淚 said Presbyterian Support Otago had to provide a survivor鈥檚 records to their legal representative and that the documents could only be destroyed later 鈥榓t an appropriate milestone or anniversary鈥.鈥听
Frazer Barton is the president of the New Zealand Law Society.听
The commission鈥檚 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.听
The听Herald听revealed on Friday听that Sam Benson, a partner at Cooper Legal, made a formal complaint about the conduct of Barton.听
Since Benson鈥檚 complaint was lodged, the听Herald听has learned, another complaint has been made about Barton by a lawyer from another firm.听
Sam Benton is a partner at Cooper Legal.听
The NZ Law Society would not confirm how many complaints it had received in total about its president, saying it can鈥檛 comment on any details relating to concerns or complaints.听
Benson said he believed there were grounds for police to investigate the circumstances surrounding the destruction of the documents.听
The current chief executive of Presbyterian Support Otago, Jo O鈥橬eill, told the听Herald听she would help if police decided to investigate.听
Jo O'Neill is the present chief executive of Presbyterian Support Otago. Photo / Presbyterian Support Otago听
鈥淲e would fully support any investigation that would need to take place and we will provide all and any information,鈥 she said.听
O鈥橬eill, who said she鈥檚 鈥渄eeply troubled鈥 by what happened, said she did not know why Bremner destroyed the records. She had been unable to speak to her about it.听
The听Herald听believes Bremner is in Botswana where she runs a tour company.听
O鈥橬eill apologised for what had occurred.听
鈥淲e are not the organisation today that we were. I am extremely sorry for what has occurred.鈥听
Responding to questions about the destruction of the records, Prime Minister Christopher Luxon said, 鈥淚t doesn鈥檛 sound good.听
鈥淚t doesn鈥檛 sound right; it doesn鈥檛 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.鈥听
Police said they are assessing the commission鈥檚 findings before deciding what action might be required.听
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