The Otago Daily Times can also confirm New Zealand Law Society president Frazer Barton has taken a leave of absence while
a complaint against him is looked into.
He stood aside amid fallout from the Royal Commission of Inquiry into Abuse in Care and has been under scrutiny relating to advice about destroying documents.
Mr Barton is head of the Otago litigation team at Anderson Lloyd.
The New Zealand Law Society (NZLS) said yesterday Mr Barton had now taken a leave of absence from his position.
"Mr Barton informed the board and council that he will take a leave of absence while any complaints are addressed," Law Society vice-president David Campbell said.
"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."
The commission’s report said Mrs Bremner’s decision to destroy the records was made after she sought "informal advice" from Mr Barton, who told her PSO could destroy the documents "but at an appropriate milestone or anniversary".
In the wake of these findings, released in the final report from the commission this week, Attorney-general Judith Collins said anyone destroying documents because they believed they could be used as evidence of a crime "may be committing an offence and could be prosecuted".
Ms O’Neill said yesterday the organisation had not been contacted by police, but would fully co-operate if they launched an investigation.
Ms O’Neill was appointed chief executive after Mrs Bremner's resignation.
Destroying the records was "not a decision I would have made", she said.
She has acknowledged the hurt and pain that had been caused in the past to those in PSO’s care.
"We have and will continue to take responsibility for the harm that has been caused to survivors, which is in complete contradiction to the care provided by PSO.
"We are very sorry for the harm caused to those survivors."
University of Auckland professor of law Mark Henaghan said that under clause 9 of the Privacy Act, people were meant to keep information for as long as it was necessary.
"One could argue once they knew this royal commission was coming up, they should have known it was necessary to have this information," he said.
"When you know there’s an inquiry into abuse coming up, this is the very information they need ..."
The Crimes Act referred to conspiring to defeat the course of justice, and it was noted the course of justice included publicly established tribunals, which it could be argued the royal commission qualified as, he said.
"You could argue that’s what it fits into — defeating or preventing the course of justice," Prof Henaghan said.
If this was successfully argued and found to be wilful, it had the potential to make PSO liable to criminal prosecution, he said.
In a statement yesterday, Ms Collins reminded all State and faith-based institutions of their legal obligation to preserve records relevant to the safety and wellbeing of those in its care.
"These laws are in place to protect the most vulnerable in our society, and I’d like to acknowledge the many organisations that treat this information with the respect it deserves.
"Those who do not, or have not, should be aware of their obligations and the potential consequences."
According to evidence provided to the commission, PSO acknowledged when the decision was made to destroy the records the organisation was aware of reports of abuse and neglect of people in its care and that there was a plan to hold a royal commission into abuse in care.
Other evidence showed staff at PSO believed the records contained information which could be "very detrimental" to the organisation.
At least two formal complaints have been made to the NZLS about Mr Barton’s involvement in the destruction of the documents.
One was made by Cooper Legal partner Sam Benton, a Wellington-based firm that deals entirely with claims of historic abuse.
Mr Benton said it was his duty as a lawyer to report any "suspected misconduct" to the NZLS.
It was concerning 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."
Mr Benton said he was aware a second complaint to the NZLS by another lawyer had been made.
He said he understood that the police were reviewing the entire royal commission report and would assess whether action needed to be taken.
Police assistant commissioner investigations Paul Basham said police were considering the findings of the abuse inquiry and would not comment on individual cases.
