Mr Barton, a partner at Anderson Lloyd, was named in the final report from the Royal Commission of Inquiry into Abuse in Care — a 3000-page, nine-part document which was made public on Wednesday.
According to the report, former Presbyterian Support Otago chief executive Gillian Bremner made the decision to destroy records after seeking "informal advice" from Mr Barton.
David Campbell, vice-president of the law society, said in a statement: "The New Zealand Law Society Te Kāhui Ture o Aotearoa can confirm that Frazer Barton will take a leave of absence from his position as president of the Law Society.
"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."
Judith Collins reminds institutions of their obligations
Attorney General Judith Collins this afternoon reminded state and faith-based institutions of their legal obligation to preserve records.
She said in a statement destroying records could have serious implications amid revelations Presbyterian Support Otago destroyed records linked to historic abuse.
“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.
It comes as two formal complaints have been laid against Dunedin lawyer Frazer Barton over the destruction of records linked to historical abuse.
Mr Benton told the Otago Daily Times it was his duty as a lawyer to report any ‘‘suspected misconduct’’ to the NZLS.
He has been made aware that a second complaint to the NZLS had been made against Mr Barton.
Mr Benton said he understood that the police were reviewing the entire royal commission report and would look for any complaint action that needed to be taken.
He believed there could be ‘‘potential grounds’’ for them to investigate PSO, he said.
It was concerning that there had been legal advice given and then the records had been destroyed, he said.
‘‘I’m not saying either way that there was misconduct, I’m just saying look there’s a chance that there might have been.’’
‘‘It’s for someone else to draw the lines between whether that legal advice lead to the records being destroyed, but I was obviously concerned enough to make a complaint to the Law Society that there might be an issue there that they want to look at.’’
According to the report Mrs Bremner first asked Mr Barton if the organisation was legally obliged to provide records to an abuse survivor’s legal representative.
Mr Barton confirmed PSO was obliged to hand over the records.
"Ms Bremner then asked whether Presbyterian Support Otago could destroy the rest of the records for all children and young people who had been in its care and keep only minimal information," the report said.
She suggested she would do so once the staff member responsible for looking after the files retired, which was likely to happen within the next five years.
The report said Mr Barton replied that he thought PSO could destroy the documents "but at an appropriate milestone or anniversary".
A later section of the report said the documents were destroyed because they were considered "too much of a risk".
Mr Barton’s role on the PSO board meant he presumably would have to share some responsibility for the destruction of the records, even if he didn’t know about them, Mr Benton said.
‘‘I don’t know whether his advice should have been more carefully worded or what, but that’s for the Law Society to decide.’’
Mr Benton said it was ‘‘obviously appalling’’ for the records to have been destroyed when a royal commission was about to be formally announced.
The actions of Presbyterian Support Otago seemed like a clear attempt to dodge responsibility and ‘‘cover-up allegations of abuse that had been made’’.
‘‘It seems like a clear attempt to preserve the reputation of the organisation, at the expense of the survivors of its abuse.’’
Mr Benton said he understood that the police were reviewing the report as a whole, and he did not yet know whether there was any potential criminal conduct involved.
‘‘Regardless, Presbyterian Support Otago needs to apologise for this particular conduct to survivors.’’
Police assistant commissioner investigations Paul Basham said police were considering the findings of the abuse inquiry and would not comment on individual cases.
"Police will not be speaking about individuals or their cases, and survivors can be assured we will treat each investigation confidentially and with the care and attention it deserves.
"While investigation outcomes will identify organisations (churches, orphanages, etc) as enquiries progress, cases are currently not collated in this way.
"Police will now take time to assess the findings and establish what actions might be required."
The NZSL was unable to comment on the complaints, a spokesman said.
The Law Society recognises and acknowledges the release of the Abuse in Care Royal Commission of Inquiry Report, and the appalling abuse and neglect suffered by survivors.
"In terms of any complaint lodged with the New Zealand Law Society Te Kāhui Ture o Aotearoa, 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."
The law society was not the decision maker on complaints. Decisions on complaints were made by independent Standards Committees.
