Parents Launch Disputes Tribunal Action Against Kmart Over Asbestos-Tainted Play Sand Costs

Christchurch parents are suing Kmart for "tens of thousands" in decontamination costs following a 2025 recall of asbestos-tainted "Magic Sand" products.

By: AXL Media

Published: Apr 28, 2026, 3:54 AM EDT

Source: RNZ Pacific

Legal Escalation Following Recall

Christchurch parents Elle Chrisp and David Dingwall have taken Kmart to the Disputes Tribunal after the retailer reportedly ignored their formal request for compensation. The couple incurred "tens of thousands" of dollars in expenses for professional asbestos testing, home cleaning, and the disposal of contaminated household items, including bedding and toys. The move comes months after a November 2025 recall of Kmart’s 14-piece Sandcastle Building Set and various "Magic Sand" colors. The parents are now encouraging other affected families to seek similar redress, arguing that the financial burden of a product safety failure should not fall on the consumer.

Allegations of Misleading Safety Messaging

A central point of the dispute involves Kmart’s communication during the initial recall. Dingwall and Chrisp allege that Kmart "controlled the narrative" to minimize perceived health risks. Specifically, they point to Kmart's claims that the risk of inhaling fibers was low unless the sand was mechanically processed. However, WorkSafe New Zealand has advised that the tremolite asbestos found in the sand is "friable" (easily crumbled), meaning it can release fibers through normal play. The parents contend that Kmart applied safety standards meant for "bonded" construction materials to a loose consumer product, potentially misleading parents about the true level of danger.

The Contrast in Decontamination Responses

The claimants noted a stark discrepancy between how Kmart handled contamination in its own facilities versus the advice given to the public. While a Kmart store in Hamilton was closed for professional decontamination after a spill, customers were initially told simply to throw the product away in their domestic rubbish. Chrisp stated that if she had followed those instructions, she never would have known her home required a professional Class A asbestos response. Upon receiving positive test results, the couple was advised by experts to evacuate their home immediately, leaving behind most of their belongings to prevent further exposure.