RNZnational

Kmart has been ordered to pay thousands to a Christchurch couple whose toddlers played with asbestos-contaminated sand.

Last year, the retail giant was part of a nationwide recall of coloured play sand products, after they tested positive for tremolite - a form of asbestos associated with higher cancer risks at low exposure levels.

Elle Chrisp and David Dingwall took Kmart to the Disputes Tribunal, seeking re-imbursement for costs associated with asbestos contamination and future medical monitoring.

The Christchurch pair claimed $60,000 in total.

In a recent decision, the tribunal ordered Kmart to pay the family $15,185.42 to cover costs associated with asbestos testing and remediation.

It found the play sand purchased was unsafe, not fit for purpose and not of acceptable quality under the Consumer Guarantees Act.

Referee Cynthia Hawes said the sand should not have been offered for sale.

"I do not think that any reasonable parent, acquainted with the fact that the moulding sand contained asbestos, and regardless of the quantity or proportion in the sand, would purchase it for his or her child to play with."

The claim for medical expenses was not allowed.

A Kmart spokesperson said the product recall was part of a broader industry issue.

"When the matter became known to us, we acted quickly by removing affected products from sale, issuing recall notices, and supporting customers with refunds and guidance on safely disposing of the products based on regulatory advice."

They said the company was reviewing the tribunal's decision.

Consumer NZ head of research and advocacy Gemma Rasmussen said Chrisp and Dingwall spent months gathering evidence, and forked out thousands of dollars to take Kmart to the Disputes Tribunal.

She said the ruling found "firmly in the family's favour".

"It is completely reasonable for them to undertake everything that they did from testing to vacating their home, and Kmart should have to pay for that."

Rasmussen said the ruling did not set a precedent, but it sent a clear message and she hoped other families were encouraged to make claims.

However, she said the order ultimately showed the difficulty in getting redress following a product safety failure.

She said current laws were too reactive and regulatory reform was needed.

"Our market place has dramatically changed from major retailers like Kmart selling thousands of goods to people shopping on platforms like Temu and Ali Express, and we really need the government to take this a little more seriously."

Minister of Commerce and Consumer Affairs Cameron Brewer has been approached for comment.