Frazer Barton denies advising Presbyterian Support Otago to destroy records of children in its care. Photo: NZ Law Society / supplied
The current chief executive of Presbyterian Support Otago says destroying records of children in its care is not a decision she would ever make.
It comes after the president of the Law Society denies he advised the former head of the organisation to destroy the records to protect its reputation.
Frazer Barton was the subject of a formal complaint from Cooper Legal law firm, after information came to light in the Royal Commission of Inquiry's final report that he advised the head of Presbyterian Support Otago she could destroy the records of all of the children and young people it cared for.
The Inquiry said its investigation into abuse at Presbyterian Support Otago was made "particularly difficult" because the organisation destroyed its records in late 2017 and 2018.
The report said Presbyterian Support Otago's chief executive at the time Gillian Bremner, told a staff member to destroy the records - apart from a register of names and dates.
Bremner told the Inquiry she obtained advice from lawyer and ex-Presbyterian Support Otago Board chair Frazer Barton - about destroying the records.
Presbyterian Support Otago destroyed records of children in its care
According to the Commission's report, Barton advised Bremner she needed to pass on a survivor's records to their lawyer.
When he was asked whether the rest of the records of all the children and young people in its care could be destroyed, Barton said they could, at an "appropriate milestone or anniversary".
Cooper Legal partner Sam Benton said he had lodged a complaint because of his duty to report suspected misconduct.
RNZ was unable to contact Gillian Bremner.
Presbyterian Support Otago open to police investigation
Current chief executive Jo O'Neill told Midday Report she did not know why the records were destroyed - but it was not something she would do.
She could not answer if it was a cover-up because she was not there at the time.
"All I am aware of is that a staff member at the time, who is no longer here as well, was informed the destruction of the records was to occur."
She said people could infer their own perceptions as to the potential risk involved given what was in the inquiry.
"Every individual is able to make up their own mind with the information that's been provided to the Royal Commission on what they personally perceive that information gives to them.
"At the end of the day, all I can say is that I am heartbroken that those records were destroyed. I am completely appreciative of the fact that it would've enabled individuals who had been on a journey of care to have access of information of what they've been through and I am desperately sorry that occurred.
"I would absolutely not have made that decision today, but that decision was made by an individual. I do not know what their motivation for that decision was."
Barton told Morning Report he did not know that in 2017 and 2018 there was the possibility of an inquiry into abuse in care and that the records would have been crucial for that reason.
"My advice to destroy them at an appropriate time, that's not go ahead and destroy them now," he said.
"No one keeps records forever. In my mind you keep them for as long as the person's alive and when they've died it's safe at that point to destroy them.
"The inquiry of me in 2017 was firstly, should this information for a particular claimant be disclosed, and I said yes that information must be disclosed.
"Then I am asked, essentially, can these files be destroyed? I said at an appropriate time."
He said no one ever came back to ask what an appropriate time was. "What I would have said is many years ahead, when the people concerned were dead."
Barton denied advising any destruction of records to protect the reputation of Presbyterian Support Otago, saying Bremner needed to be asked why she ordered the destruction of the records.
"It should not have happened, it was appalling, they should not have been destroyed."
The report said the documents had already been destroyed by the time an order was made in March 2019 prohibiting state and faith-based institutions from destroying potentially relevant information.