Prime Minister John Key's lawyer has filed for the dismissal of a complaint to the Human Rights Tribunal over the ponytail-pulling incident.
Serial private litigant Graham McCready laid the complaint, asserting Mr Key had breached the Human Rights Act.
"Mr Key's lawyer filed a statement that Mr McCready didn't have a standing to take this case because he is not an affected party," a spokesman for the prime minister told NZ Newswire.
The controversy surfaced in April, when Auckland waitress Amanda Bailey said Mr Key repeatedly pulled her ponytail, against her wishes, at the Parnell cafe where she worked.
Mr Key apologised to Ms Bailey, but Mr McCready attempted to have the prime minister charged with assault.
In May Auckland District Court dismissed the attempt, and Mr McCready laid a complaint with the Human Rights Tribunal.
He says the law allows him to lay the complaint.