A judge is expected to rule next week on a claim by Teina Pora that police are in breach of a court order directing them to provide information for his appeal over a 20-year-old rape and murder.
Pora's representatives sued the police last year and won an order for police to supply information held by the ESR. It is understood they claim police have not complied.
Pora wants access to the information for a bid to gain an appeal before the Privy Council.
Detective Superintendent Andy Lovelock said police had a view, but he was not prepared to comment.
Mr Lovelock said it was logical to retest exhibits from the case as DNA techniques improved.