"Police will not be taking any further action."
McCready has followed up with an email to police, the Prime Minister, Minister of ministerial services Chris Hipkins and the Department of Internal Affairs - which handles ministerial staff employment - stating that they are "on notice" for allegedly conspiring to defeat the course of justice.
The basis for the complaint appears to be McCready copying Ardern and others in on his complaint to police, and his assessment that they had failed to refer his complaint to police themselves.
It is unclear what, if anything, McCready is basing his assessment on other than the police refusal to investigate.
The Crimes Act section referred to by McCready carries a maximum seven years in prison for those who obstruct or otherwise interfere with matters which subject to criminal investigation.
McCready has had mixed success taking private prosecutions, although did win convictions with cases against former Act MP John Banks and Labour's Trevor Mallard.
Banks' conviction around electoral donations was overturned on appeal while Mallard was fined for fighting in a public place in connection with an incident involving former National MP Tau Henare.
The NZ Herald reported today the incident involving Whaitiri and a staff member working as a press secretary took place in Gisborne, contrary to McCready's claim it happened at Parliament.
McCready is a former bankrupt who has a number of convictions himself - one for trading while bankrupt, for making false tax returns and for blackmail.
Whaitiri's Customs portfolio has been passed to Kris Faafoi during the employment investigation.
She has also lost her agriculture, local government and Crown/Māori r associate portfolios.
Whaitiri was the second minister to lose her roles in a week, with Clare Curran earlier demoted from Cabinet.