26 Jul 2024

Abuse in Care inquiry: Judith Collins warns of possible prosecutions if records destroyed

5:14 pm on 26 July 2024
Judith Collins

Attorney-General Judith Collins Photo: RNZ / Samuel Rillstone

Attorney-General Judith Collins is reminding all state and faith-based institutions of their legal obligation to preserve records relevant to the safety and wellbeing of those in their care.

The Abuse in Care inquiry found cases where records were never created, were lost, or in some cases destroyed - sometimes as a means of self-protection for the organisation.

Collins said in a statement on Friday anyone destroying documents because they believed they could be used as evidence of a crime might be committing an offence, and could be prosecuted.

"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."

Her warning comes as attention has been focused on Presbyterian Support Otago.

Law Society president Frazer Barton has denied he advised the former head of the organisation to destroy the records to protect its reputation.

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.

Current chief executive Jo O'Neill told Midday Report on Friday she did not know why the records were destroyed - but it was not something she would do.

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