Human Rights Adviser Calls for Urgent Action on Asbestos Sand

A human rights adviser has formally lodged a complaint with the Ombudsman, demanding an urgent investigation into the government’s response to asbestos-contaminated play sand. Sophie Bradwell-Pollak claims that there have been significant failures that compromise child safety and human rights. Her concerns have intensified as more products have been added to the recall list since November 2023.

Bradwell-Pollak emphasized the widespread nature of the contamination, stating, “Initially, products were put on the recall list, but as the weeks have gone on, more and more products have been added.” She believes that the authorities have not adopted a sufficiently proactive approach to address the issue. “This is in children’s products and it’s in sand that children were using to celebrate Diwali,” she noted.

Her initial complaint was directed to the Ministry of Business, Innovation and Employment (MBIE) on December 4, 2023. However, a lack of substantial response prompted her to escalate the matter to the Ombudsman. “My son’s daycare used the sand for Diwali, and although the products weren’t on the recall list, they took the initiative to conduct private testing,” she said. The testing revealed traces of asbestos in three different batches used at daycare centres across Auckland.

Bradwell-Pollak expressed her shock that these contaminated products had not yet been placed on the recall list. “It’s absolutely shocking that they’re still not on the recall list three weeks later,” she remarked. She criticized the government’s lack of a comprehensive ban on the sale and import of all coloured sand until safety can be assured.

The complaint highlights the need for timely action and a cohesive strategy to mitigate potential harm. Bradwell-Pollak referenced the precautionary principle, stating, “If we look at the obligations to children, especially around health, they should have banned and recalled all products until we know it’s safe.”

Another significant concern raised by Bradwell-Pollak is the lack of accountability among various government ministries. “The Ministry of Education, Ministry of Health, and MBIE have been alerted to the contamination, yet the products remain available in stores,” she pointed out. “This layering of failures is incredibly problematic.”

She also noted that there has been no effort to assess exposure levels to children or maintain records of those affected. “We have a country that prioritizes border safety, yet we are not doing enough to protect children, families, and workers from contamination,” she stated. According to her, the government’s primary obligation is to safeguard health and children’s rights.

In response, MBIE acknowledged that its reply to Bradwell-Pollak is still being drafted. The ministry expressed regret over the delay in communication. Ian Caplin, a spokesperson for consumer protection at MBIE, assured that the ministry understands the concerns regarding potential asbestos presence. “Our role has been to coordinate a response with various entities, including WorkSafe and Health New Zealand/Te Whatu Ora,” he explained.

Caplin reiterated that all businesses and individuals involved in the production or sale of such products are responsible for ensuring their safety. “Even products without specific mandatory standards must be safe for use and comply with the Fair Trading Act 1986,” he added. He emphasized that the health, safety, and wellbeing of New Zealand families remain MBIE’s highest priority.

As the situation develops, the call for urgent action continues, reflecting broader concerns about public safety and accountability in the face of potential health risks.