In a troubling turn of events, parents Elle Chrisp and David Dingwall are taking Kmart to the Disputes Tribunal after incurring significant costs due to asbestos contamination found in children’s sand toys. The couple, based in Christchurch, New Zealand, is seeking compensation for expenses related to testing and decontamination, which amount to tens of thousands of dollars.
Kmart issued a recall notice for certain coloured play sand products back in November 2025 when independent testing revealed the presence of tremolite asbestos. This type of asbestos is particularly concerning as it can be easily crumbled and poses serious health risks. Despite this, Kmart’s recall notice claimed that respirable asbestos had not been detected in the tested samples.
Chrisp and Dingwall lodged their complaint on April 23, 2026, with multiple regulatory bodies, including the Ministry of Business Innovation and Employment (MBIE) and WorkSafe, expressing concerns over potential breaches of the Consumer Guarantees Act. They feel misled by Kmart’s communications regarding the safety of the contaminated products.
Key facts:
- Kmart’s recall was prompted by independent testing that found tremolite asbestos in their sand toys.
- The total costs incurred by Chrisp and Dingwall were reported to be in the tens of thousands.
- The Disputes Tribunal can settle small claims up to $60,000.
Chrisp voiced her frustration: “If they aren’t going to engage with us directly and they’re going to ignore our claim made directly, the only option for us is to then go to the next stage, which is the Disputes Tribunal.” Meanwhile, Dingwall noted that there might be evidence suggesting consumers were misled by Kmart’s information regarding product safety.
Despite Kmart downplaying health risks associated with the contaminated sand—citing comments from several experts about a low risk—concerns linger among parents. Ian Caplin from WorkSafe stressed the importance of immediate action: “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.” Kmart has since declined further comment due to ongoing legal proceedings.
