The freelance cameraman who made the "teapot tape" recording may have to fork out $14,000 to pay court costs.
Bradley Ambrose took a civil case in late November, seeking a ruling that a cafe conversation he recorded between Prime Minister John Key and ACT's Epsom candidate John Banks during the election campaign was not private.
But Chief High Court judge Helen Winkelmann ruled that she could not make a determination on the issue.
The Attorney-General has filed a memorandum in the High Court at Auckland seeking $13,669.45 in costs from Mr Ambrose, the New Zealand Herald reported.
It said the Crown was seeking costs related to the hearing which came to court just two days after it was filed in the High Court.
Mr Key had complained to police after Mr Ambrose handed the recording to the Herald on Sunday, while TV3 also has a copy. Neither has published it.
News outlets were searched by police investigating whether Mr Ambrose intentionally recorded the conversation between the pair.
Mr Ambrose has yet to be charged by police.
NZN