4:14 pm today

Asbestos sand clean-up legal responsibility falls on schools, Education Ministry says

4:14 pm today
The latest coloured sand products to be recalled over asbestos fears.

The asbestos scare prompted a recall of several brands of children coloured play sand. Photo: Supplied

The Ministry of Education says early childhood services and school boards are legally responsible for funding asbestos-contaminated sand removal, after a kindergarten operator estimated a $350,000 clean-up to decontaminate her sites.

Whānau Manaaki chief executive Amanda Coulston told Checkpoint on Wednesday test results showed three of 13 of its kindergartens returned positive results for asbestos contamination.

The not-for-profit group had spent $40,000 on the tests so far, and she estimated the final cost to between $300,000 and $350,000 - a clean-up that is not covered by insurance, Coulston said.

That includes rounds of testing, removing carpet and soft toys, and refurnishing the sites, she said.

The Ministry of Education had been "pretty hands off in terms of all of this", and they'd been told to try for reimbursement from suppliers, Coulston said.

When asked for a response on these issues, the Ministry of Education's Helen Hurst early learning service managers and school boards were responsible for managing abestos risks on their sites, including removing it, under health and safety legislation.

Early learning service managers and school boards are considered the Person Conducting a Business or Undertaking (PCBU) under the Health and Safety at Work Act, she said.

Asbestos sand disposal spot - Auckland Central 20 November 2025

An asbestos sand disposal spot in Auckland Central on 20 November 2025. Photo: RNZ/Calvin Samuel

"While the Ministry does not fund asbestos remediation because it falls under the health and safety responsibilities of early learning services, we do not underestimate the impact this can have," Hurst said.

Centres forced to close could request funding if they were impacted by asbestos contamination that could not be safely isolated, and the service had to shut for a short time, Hurst said.

Dozens of schools and early childhood centres had to shut following the revelation that popular children's play sand products have been contaminated with asbestos last month.

Three early childhood centres are closed on Thursday due to the contamination.

"We want to acknowledge the significant effort early learning services and schools have put into responding to this issue," Hurst said.

"They have acted quickly and responsibly to protect learners and staff, in a situation that is no fault of their own. Their commitment to safety has been evident in the way they have managed this challenge."

The Ministry of Education was working closely with the Ministry of Business, Innovation and Employment (MBIE) as the lead agency dealing with the issue, and WorkSafe as the regulator, Hurst said.

More advice could be found on the website, and the Ministry is focused on supporting centres and schools by providing step-by-step guidance and practical support to help them stay open, she said.

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