It would appear from this statement that Nintendo does indeed own the publishing rights to the Rare games published on the Nintendo 64 so we might eventually start to see Banjo and gang on the VC.
In direct response to a question about Banjo Kazooie coming to the VC the reply was given "Banjo team: Maybe, but not up to us". In addition to this in an example of l33t spk from people who really should know better Rare said: "Beyond the DKC games we don't have anything in the pipeline at the moment, but that doesn't mean it won't happen in future. OMG CORPERATE ANSER#!1".
Perhaps for the first time we now have a glimmer of hope that the Banjo games and ultimately maybe all the classic Rare games may one day be available for download in the Wii Shop. Let's hope so anyway!