Mr Barton has taken a leave of absence from his position as president of the New Zealand Law Society (NZLS) after he was linked to the destruction of documents by Presbyterian Support Otago (PSO) in the final report from the Royal Commission of Inquiry into Abuse in Care.
At least two lawyers have lodged formal complaints with the society against Mr Barton, including Cooper Legal partner Sam Benton — a Wellington-based firm that deals entirely with claims of historic abuse.
NZLS has said it cannot comment on whether Mr Barton is under investigation, but Mr Barton’s law firm Anderson Lloyd yesterday said he was.
Anderson Lloyd chief executive Richard Greenaway said the commission’s report was "heart-rending" and their sympathies were with 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 said.
Mr Greenaway said Mr Barton remained a partner at Anderson Lloyd, where he heads the Otago litigation team.
He was a highly respected senior lawyer and a close colleague and a friend to many at the firm.
"This is a difficult period for him and his family, after many years with Anderson Lloyd and service to the wider community, and we are supportive of him while the investigation is being undertaken," he said.
When asked to confirm if an investigation had been launched into Mr Barton, an NZLS spokesman said they could not comment as they were bound by the law.
In an earlier statement, the spokesman said the law society was not the decision maker on complaints and decisions were made by independent standards committees.
"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 final report from the Royal Commission of Inquiry into Abuse in Care stated that former PSO chief executive Gillian Bremner instructed a staff member, in late 2017 or early 2018, to destroy records about children and young people in the organisation’s care.
The report said the decision was made after Mrs Bremner sought "informal advice" from Mr Barton, a former PSO board chair, who told her PSO could destroy the documents "but at an appropriate milestone or anniversary."
Mr Barton previously told the Otago Daily Times what he gave "wasn’t really a recommendation" and he was just saying the records could be destroyed at an appropriate time.
An appropriate milestone would have been after the death of the person concerned, or after 100 years, he said.
Mr Barton has also taken a leave of absence from his duties on the University of Otago Council.
A University of Otago spokeswoman said the University Council was aware of the complaints that were before the law society, and it intended to await the outcome of the complaints.
