Private prosecutor Graham McCready has been granted a retrospective extension to file papers in relation to his case against Prime Minister John Key over 'ponytail-gate'.
The Hamilton-based litigant, who runs New Zealand Private Prosecution Service, has taken Mr Key to the Human Rights Tribunal over the incident earlier this year when a waitress spoke out about the Prime Minister repeatedly tugging on her hair when he visited the Parnell cafe where she worked.
Mr Key's lawyers attempted to get the case struck out, and Mr McCready had until August 31 to file his submissions for why the case should remain before the tribunal.
However, due to medical reasons Mr McCready was not able to submit his papers until September 4.
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In court documents released to the media, Rodger Haines QC, chairman of the tribunal, said: "The timetable breach is not substantial and in the interests of ensuring both parties have had sufficient time to present their respective cases, the plaintiff [Mr McCready] is retrospectively granted an extension of time to September 4, 2015."
Mr McCready, told NZME News Service he suffers from a heart problem, and his condition had taken a turn for the worse at the end of August, rendering him unable to file his submission in time.
Mr Key publicly apologised to waitress Amanda Bailey after she published a blog post accusing him of harassment and bullying for repeatedly pulling on her ponytail.
At the time Mr Key described it as "horsing around".
Mr McCready filed a complaint of sexual harassment in May, just hours after the District Court threw out an attempted criminal prosecution over the hair-pulling incidents.
Ms Bailey has said through Unite Union she does not want to be involved in Mr McCready's attempt to prosecute Mr Key.