Rolls-Royce New Zealand Ltd v Carter Holt Harvey Ltd [2005] 1 NZLR 324 is decision of the Court of Appeal of New Zealand regarding tort claims in situations where a claim can be in both tort and contract.

[1] Carter Holt entered into a contract with ECNZ (now Genesis Energy) for them to construct a cogeneration plant at their Kinleith paper mill that would be fueled by waste byproduct from the mill, with the contract having a non liability clause.

Problems later were experienced with the generators that were installed, and CHH sued ECNZ for breach of contract.

The court ruled where parties are involved in complex commercial relationships, there could only be duties owed in contract, and not in tort.

Accordingly, the court granted Rolls-Royces application to strike out part of the claim.