Kochummen, 36, his 65-year-old mother Alekutty Daniel and his wife Subi Babu, 34, were struck down with vomiting, convulsions and paralysis in November last year, several hours after eating wild boar.
They spent weeks in intensive care in comas before recovering. Botulism was eventually ruled out after tests were negative and the cause is still unknown.
Before ACC approved cover for Daniel, who is not a New Zealand citizen, a Givealittle fund was set up by the Hamilton Marthoma Church and almost $30,000 was raised.
Another $70,000 was donated to the church following a separate fundraising initiative, and the $42,520 released in January enabled the family to fly to India where their two young children, aged 7 and 1, were being cared for by relatives.
Eapen said some who donated to the appeal had asked what the money was being used for after ACC agreed to cover Daniel's treatment costs.
"We've said look we don't have any evidence of what the fund is being used for but what is remaining is to be transferred to the children's name so it's just going to be used for the kids, for their long-term future."
He has sought approval from Kochummen to set up a term deposit for the money and told the Herald it would be a five-year term, but Kochummen has referred the request to his lawyer.
"We've even gone to the Charities Commission to ask if there's any responsibility for us to ensure what the fund is used for," Eapen said.
"Our challenge is if people come in and ask what is the money being used for, we don't have any evidence of anything."
He said the church would not use the money for other activities and it was sitting in an account under Kochummen's name.
"Shibu will get his money but we're going to be left with a tarnished reputation."
A spokesperson for the Kochummen family and member of the church, Joji Varghese, said he argued against setting up a term deposit.
"Who died and made the church the executor of these funds?"
Kochummen said the ACC cover had finished and though he still suffered body aches and his wife had some numbness in one hand, both had returned to work - though Babu only part-time.
He said the money would help with ongoing treatment and family support but he would not ask for it.
"I never asked for the money. I'm not that kind of person."
Internal Affairs spokesman Steve Corbett confirmed it was preparing advice for the church about the release of the money.
"Our main point will be that they ensure no one gets private benefit from the donated funds - it must go to a charitable purpose," Corbett said.
He said Internal Affairs was reviewing the specifics of the case.
"But in general a charity can't elicit funds and then use them for something that is not considered charitable purpose under the [Charities] Act, for example for private benefit."
