Merlyn Remiens on what families and schools can legally demand.
An Auckland mum is demanding answers from Kmart after her daughter unknowingly played with the recalled sand contaminated with asbestos every day for the past six months.
Earlier this month, the Ministry of Business, Innovation and Employment (MBIE) issued a recall for four Kmart products after coloured sand products testedpositive for tremolite asbestos.
Katherine Devonshire told the Herald her toddler adored the blue sand and has played with it every day for the past six months.
“It has sat out on our dining room table, and we have vacuumed it rigorously all the time. Our house and our toddler must be among the highest for exposures in the country,” she said.
“They have been selling this since 2020 so it’s been five years of thousands of kids all over New Zealand playing with it and they had no idea what was in it,” he said.
“How is this happening in a supposed first-world country in 2025? How are we still having asbestos sold to children?
“The longer Kmart drag it out, the more they deny any responsibility for it and the longer they hope it goes on, the more they can hope it blows over,” Devonshire said.
Auckland mum Katherine Devonshire is demanding answers from Kmart after her daughter unknowingly played with the recalled sand. Photo / supplied
“Like any other product recall, people will just forget they sold children asbestos.”
Her husband said regulatory changes should be made.
“If you can end up selling kids asbestos, surely stricter regulations need to come into place,” he said.
“The way the corporation made this mistake shouldn’t exist.”
A Kmart spokesperson told the Herald the organisation was acting in line with the advice provided by the New Zealand regulator.
“This recall follows advice from the New Zealand regulator that traces of tremolite asbestos were detected in one sand product,” they said.
“While respirable asbestos has not been detected in any tested samples and the risk of fibres becoming airborne is considered low, we are taking precautionary action.
“This is an industry-wide issue affecting certain imported sand products which, under current regulations, are not required to undergo asbestos testing.
“We will, of course, comply with any future updates or requirements issued by regulators.”
The spokesperson said customers were asked to stop using the recalled products and follow the disposal instructions outlined in the official recall notice.
“Customers are eligible for a refund for recalled products by presenting a photo of the product or proof of purchase.
“The product recall instructions do not include a requirement to seek immediate medical assessment, undertake product or air testing, nor a general requirement to engage specialist cleaning in the home.
“We understand this situation may be concerning, and we apologise for the inconvenience caused.”
Ministry of Health Chief Medical Officer Dr Joe Bourne told the Herald exposure to asbestos does not cause any immediate health problems.
“The medical conditions linked to asbestos develop over a long period, typically 15 to 40 years,” he said.
“The risk of developing asbestos-related cancer is linked to the quantity of asbestos and the length of time a person was exposed to it.
“There is no safe level and therefore we try to avoid all exposure. However, it is important to know that not every exposure will lead to the development of cancer.
“There is no consistent, convincing evidence that ingested asbestos is hazardous to health,” he said.
Bourne said advice between schools and households differed as the level of risk may vary.
“Businesses and organisations have health and safety obligations under the law and are required to manage their health and safety risks in line with legislation or specific regulations, such as asbestos regulations,” he said.
“Within a household, people are likely to have used this product in smaller quantities and in a wide range of ways, leading to different levels of risk.
“We need to take a proportionate approach to the risk and provide households with advice that provides practical steps for reducing the risk of exposure immediately.”
Don’t dispose of it in household rubbish or vacuum it up. Contact your local council for advice on where and how to dispose of the contaminated material safely.