The Ministry of Business, Innovation and Employment (MBIE) said $40 million had been set aside for the event fee. To date $29m has been paid to ACE, in line with contractual funding milestones.
The Herald revealed last week that a confidential June 22 letter written by MBIE and Auckland Council and addressed to ETNZ and ACE revealed officials' concerns that event organisers were in breach of their obligations.
A multinational police investigation is now under way into how a hacker posing as a European television contractor convinced ETNZ to send a large financial payment to a Hungarian bank account.
ETNZ boss Grant Dalton has rejected any suggestion of wrongdoing.
Legal arguments will be heard at the High Court in Auckland later today.