The asbestos sand saga that’s taken Kmart to a tribunal

Kmart first recalled certain sand products in November 2025, due to potential asbestos contamination. 

At the time, Ministry of Business, Innovation and Employment (MBIE) issued disposal advice.

“We urge families who have purchased these products to stop using them immediately, secure them safely, and contact your local council for advice on where and how to dispose of the contaminated material safely,” said Ian Caplin, Product Safety Spokesperson.

A Christchurch mother who bought the sand for her children didn’t think much of the recall, until she heard of a Hamilton branch being closed for decontamination.

“It wasn't until a few days later, when I saw how Kmart acted in such a different manner when they found the sand in their breakroom, that I thought, ‘Hang on, something's not adding up here’,” Elle Chrisp told rova. 

“I shopped a lot at Kmart, I was just such a dedicated customer, and I never would have questioned whether or not something was safe to hand to my kids… And that kind of started us down the track of getting our sand tested,” Chrisp explained. 

They put together a complaintagainst the retailer and requested compensation for having to self-fund sand tests.

Chrisp said the letter went unanswered.

“We have had to take Kmart to the Disputes Tribunal because they just have not engaged with us… Unfortunately, there is no enforcement agency for the Consumer Guarantees Act. It's something that you as a consumer have to take action on yourself,” she explained.

The Disputes Tribunal can be used to settle small claims up to $60,000 and is quicker, cheaper and less formal than court.

Chrisp has a legal background herself, and doesn’t think it’s fair that it’s left up to consumers to navigate these type of situations.

“...I do think for a lot of people, the Disputes Tribunal would feel quite intimidating.”

“So many people affected by this are parents with kids; like, we're exhausted. And now on top of that, you want... you expect us to make a claim and figure it out and, you know, put all these puzzle pieces together?”

Both Chrisp and her husband David Dingwall feel confident going into the dispute, and hope it ultimately results in tighter checks on products before they make it to the shelf.

In a statement to rova, Kmart said the safety of its customers and team members is a priority.

“Since late 2025, we and other brands have conducted voluntary product recalls in response to an industry-wide issue impacting sand-based toy products, following the detection of tremolite asbestos in products across the industry.

“Several experts have made public comments regarding the low risk. It is important to note that Health New Zealand Te Whatu Ora published advice that urgent medical attention is not required and provided practical advice for household cleaning and disposal of recalled products.”

Kmart declined to comment further, due to the matter now being subject to legal proceedings.