Kmart Ordered to Pay Couple Over Asbestos Play Sand

The New Zealand Disputes Tribunal ordered Kmart NZ Holdings Ltd to pay $15,185.42 to Christchurch residents Elle Chrisp and David Dingwall after play sand purchased for their toddlers was found to contain tremolite asbestos. The couple sought $60,000 for remediation and future medical monitoring, but Referee Cynthia Hawes denied the $44,000 claim for long-term medical monitoring due to insufficient proof of future costs.

The ruling found the product was unsafe, not fit for purpose, and lacked acceptable quality under the Consumer Guarantees Act. The awarded damages cover independent lab testing, urgent relocation, and property remediation after the family was advised to evacuate their home immediately. Referee Hawes determined the product should never have been offered for sale, rejecting Kmart's argument that the sand presented a low risk.

This case follows a broader industry issue involving 67,000 units of contaminated sand, which led to nationwide recalls and the closure of various schools and childcare centers for cleanup. The decision has prompted other parents in Hamilton and Lower Hutt to pursue claims for testing and furniture replacement. Kmart Group stated it acted quickly to remove products and provide refunds, and the company is currently reviewing the tribunal's findings.