The Crown has confirmed it is appealing against the High Court ruling that search warrants used in the Kim Dotcom case were illegal.
The MegaUpload founder is at the centre of one of the world's biggest internet copyright cases, with United States authorities attempting to extradite him from New Zealand.
Justice Winkelmann last month declared in the High Court the search warrants used to enter Mr Dotcom's home in Coatesville were too broad.
The court indicated an appeal was expected, and the reasons for Mr Dotcom's extradition hearing being put off until next year include allowing time for such appeals to make their way through the system.
The Crown confirmed on Tuesday it is taking the issue to the Court of Appeal.
A separate hearing relating to other aspects of the case is still due to go ahead next month.