MBIE acknowledges AUT study of asbestos in sand products

We would like to acknowledge Dr Berry and her research team for undertaking this work and contributing to the evidence base on this important issue. We also acknowledge the findings of the research, including that asbestos fibres can become airborne when asbestos-containing sand products are disturbed under certain conditions.

We understand that these findings will be concerning for parents, caregivers, and others impacted.

We want to assure New Zealand families we take these findings very seriously and are committed to ensuring New Zealanders have access to clear information and evidence-based advice as more information becomes available. We continue to work with our partners across government to ensure the ongoing advice and the response is as robust as possible. This includes receiving guidance from WorkSafe and a cross agency technical advisory group to understand the findings of this research.

Protecting consumers is a shared responsibility. Businesses are responsible for ensuring the products they place on the market are safe, and for taking appropriate action when safety concerns are identified.

Since this issue first emerged, MBIE has worked closely with businesses and across government with agencies like WorkSafe and Health NZ to support the recall of affected products and provide information to consumers. Under the law, MBIE cannot direct a business to undertake a voluntary recall or determine the content of a voluntary recall notice.

Our role is to actively assess information, engage with businesses and other agencies, and advise the Minister of Commerce and Consumer Affairs on the regulatory and product safety options available.

Following the AUT research, we are working to update that advice to ensure the Minister has the most current information available to inform any future decisions.

We can confirm that every product that has had a validated positive result identifying a specific product, and which has been shared with the Product Safety team at MBIE, has already been investigated and voluntarily recalled by the relevant business. Additionally, we are directly contacting all businesses who have issued recall notices relating to these products to encourage that the findings of this research are reflected in their notices. We also continue to monitor product recalls occurring overseas.

We would also like to highlight we are assisting the Commerce Commission on any investigations they have underway, noting its interests lie in representations made to consumers.

It is important to note that importing an asbestos-containing product is already prohibited under the Imports and Exports (Asbestos-containing Products) Prohibition Order 2016 unless the importation is authorised by a permit from the Environmental Protection Authority.

We encourage people who may still have sand products at home to follow existing advice, including checking recall notices and safely disposing of products where appropriate.

More information

MBIE has published guidance for both consumers and businesses regarding this issue. We encourage those who have sold or bought these products to be aware of their rights and responsibilities.

Consumers

Asbestos in sand products(external link) — Product safety

Businesses

Advice for suppliers of consumer products containing sands(external link) — Product safety

AUT Summary of research

Airborne asbestos in kids’ play sand(external link) — AUT