The Prime Minister has moved to have a complaint to the Human Rights Tribunal over the ponytail-pulling controversy dismissed.
In May, the Auckland District Court dismissed an attempt by private litigant Graham McCready to have John Key charged with assault.
Mr McCready had sought permission to prosecute Mr Key over his conduct in repeatedly pulling the ponytail of Auckland waitress Amanda Bailey.
But Chief District Court Judge Jan-Marie Doogue ruled there was not enough evidence to justify a trial.
Mr McCready also laid a complaint with the Human Rights Commission, asserting Mr Key's actions breached the Human Rights Act.
A spokesperson for the Prime Minister said Mr Key's lawyer had filed a statement that Mr McCready did not have the standing to take the case, because he was not an affected party.
However, Mr McCready said the act allowed for either the aggrieved person, or the person who filed the complaint to the commission, to take a case to the Human Rights Tribunal.