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Reports emerged on Wednesday the case had been dropped but Brian Henry yesterday said that was incorrect.
Mr Peters earlier this month withdrew his action against two journalists who were initially named in legal documents.
"The journalists were never causative of damage ... but we needed their information which they very kindly provided on affidavit and we now know what happened in that area," Mr Henry told RNZ.
"Those two are definitely out ... The other defendants are at large."
Mr Peters last year issued legal documents seeking phone records, notes and documents relating to the alleged leak from Mr English, Steven Joyce, Paula Bennett and Anne Tolley, as well as former chief of staff Wayne Eagleson and former campaign staffer Clark Hennessy.
Mr Henry would not say who Mr Peters intended to continue pursuing. They had not yet filed a statement of claim.
Earlier this month, he confirmed the action against the two journalists - Newsroom's Tim Murphy and Newshub's Lloyd Burr - had been resolved.