The case will be heard next Monday.
The Ministry of Justice High Court schedule showed police were appealing the decision by JP Bernice Manarangi to dismiss without conviction Tamati Marsh on a charge of common assault.
Following the original court case, CINews disclosed police had withheld vital information concerning the Marsh case, all of which had not been presented to JP Manarangi during the trial.
The court was not aware there had been a 17-year old victim who had been attacked twice with a broken bottle and suffered serious injuries.
A medical report was also omitted including the victim impact statement, family impact statement and the fact that a serious complaint had been laid by the victim against Marsh.
The Talbot family took issue with what they believed to be the failure of police to prosecute the case fairly and honestly, telling CINews their concerns and questions.
The circumstances surrounding police actions involving the controversial case are now being investigated by the Ombudsman Office, Crown Law and the Police Professional Standards Unit.
The family has asked for all reports to be made public.
Police Commissioner Maara Tetava has been asked whether Marsh will be repatriated from Australia.
Since the incident and Marsh’s sudden departure for Australia, police have steadfastly refused to answer questions from CI News regarding the case.