The waitress at the centre of a ponytail-pulling saga is refusing to cooperate with a private prosecution against Prime Minister John Key.

Serial litigant Graham McCready is taking legal action against Mr Key for repeatedly pulling Amanda Bailey's hair while she worked at his local Parnell cafe Rosie.

After the 26-year-old posted an anonymous blog post about the incidents that spanned a number of months, Mr Key made a public apology and said he was "horsing around".

On Wednesday Mr McCready filed paperwork at the Auckland District Court on a proposed assault charge against Mr Key.


Mr McCready alleges a Crimes Act charge of male assaults female, which carries a maximum penalty of two years in jail.

To reach a trial Mr McCready would have to present sufficient evidence of the proposed charge and has asked for an oral evidence hearing with 11 witnesses, including Bronagh Key, to do so.

Today, he said Ms Bailey, through the Unite Union, had refused to speak with him and did not want anything to do with his private prosecution.

However, Ms Bailey was considering her own legal action and would be represented by the Unite Union if she choose to proceed.

The union did not say who any complaint or legal action would target.