Sydney man Peter Gardner, who has been detained in China on suspicion of drug smuggling for more than three months, is still awaiting a decision on whether his case will go to trial.

New Zealand-born Gardner was arrested on November 8 in Guangzhou, where authorities allege he tried to smuggle 40kg of methamphetamine out of China.

His travelling partner, Sydney woman Kalynda Davis, 22, was released in December after a month in custody without charge. But Gardner, a 25-year-old from Richmond in northwest Sydney, could face the death penalty.

New Zealand human rights lawyer Craig Tuck has joined Gardner's defence team and will travel to China soon to work with his client's Chinese legal counsel.

"Mr Gardner has had his file transferred from the police to the prosecutor's office," he said in a statement on Tuesday. "He is detained in a cell while he awaits the decision about whether or not his case will proceed to trial. He is grateful for the love and support of his family and friends in New Zealand and Australia."

The Gardner family has requested privacy and won't comment to the media while the case proceeds.