In the setup guide, there is a workaround for the Nintendo DS and DSlite which allow them to run behind a captive portal, by feigning the connection test passing.
However, this requires hijacking DNS for this domain.
As a result, it no longer works with the Nintendo 3DS unit. Unknown wether this also affects the Nintendo DSi, or if it is specific versions of the system software.
However, the 3DS web browser operates without running a connection test first, allowing it to connect via captive portal systems only without having that hijack in place.
Need to determine the way that the Nintendo 3DS is determining the success, and find a way to allow both DS and 3DS to work behind captivity.