An attempt to get John Key under oath and talking about ponytail-pulling has failed with the private prosecutor being told to stop being a nuisance.

A new ruling today has seen Graham McCready's application to the Human Rights Tribunal end in bumbling confusion with the litigator told not "bother, vex or harass" victim Amanda Bailey.

Ms Bailey was a waitress in a popular Parnell café attended by John Key, who apparently found it amusing to pull her ponytail. Repeated efforts to have him stop failed. The Prime Minister apologised publicly after she detailed her experience on a blog.

There has been no indication from Ms Bailey that she might take action but Mr McCready was quick to file papers. The litigator, who successfully prosecuted former Act leader John Banks, filed with the Human Rights Review Tribunal claiming sexual harassment by Mr Key.

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A finding from Tribunal chairman Rodger Haines QC today sharply told Mr McCready to leave Ms Bailey alone.

The ruling showed Mr McCready had no way of serving Ms Bailey with a summons and said it was because he was "not entitled to the information sought".

"It is to be remembered Ms Bailey is not a party to these proceedings and that these proceedings have been brought without her knowledge or consent".

Mr Haines said Mr McCready had not read with care previous rulings from the Tribunal related to the case he was trying to bring and it showed he was "wasting the Tribunal's time with applications of no merit".

He said the repeated applications to the Tribunal to get "information they are not entitled to" could strengthen any application by Ms Bailey or Mr Key to have the whole case dismissed.

It also revealed the tribunal had served notice of the hearing on Mr Key but the Prime Minister had yet to file a reply. Mr Key has until the end of the week to respond to the case.

Mr McCready said the tribunal had misunderstood confusion over the process and determined his actions were "frivolous and intended to harass the victim Amanda Bailey".

He said he had no way to serve a summons on Ms Bailey to get her evidence into court.

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"The Pony Tail Gate case is therefore at an end," he said.