Why wouldn't Nintendo release the source, considering they're is little commercial value in this particular game now?
Nintendo did (supposedly) use an emulator for the N64 games in Nintendo Online (for the Switch); so it's possible that they don't have the source (or maybe it had enough machine-specific code that doing a source port would be more effort).
Of course, if they can re-sell it as a subscription service they probably would want to avoid releasing the source anyway…