A high-profile Auckland police officer cleared of a criminal sex complaint has resigned ahead of an employment investigation.

No charges were laid against Detective Inspector Mark Gutry following a complaint of sexual violation made by a prostitute last month.

The evidence from the nine-month inquiry was reviewed by the Crown Solicitor of Wellington before a decision was made this month to not pursue a criminal prosecution against Mr Gutry, who is married with children.

Mr Gutry, who has headed numerous high-profile investigations, was suspended from his senior role in the Counties Manukau police district in December while detectives from Wellington handled the case.


Despite there being insufficient evidence to lay criminal charges, the 48-year-old faced an internal disciplinary inquiry which centred on why he looked at the woman's file on the police computer system, known as the National Intelligence Application (NIA), up to 20 times over two years.

The code of conduct process would also investigate whether the alleged sexual relationship took place in work hours, which would breach police rules.

At the time that Mr Gutry was cleared of criminal conduct his lawyer, Todd Simmonds, said his client was pleased with the outcome of the criminal investigation and his intention at "this point in time is to return to police duties as soon as is possible."

Mr Simmonds today confirmed that Mr Gutry had tendered his resignation.

The resignation means the internal disciplinary process will not go ahead.

Alan Boreham, Assistant Commissioner Upper North, confirmed the resignation but refused to answer specific questions.

"This follows an employment investigation into allegations that he breached the Police Code of Conduct. Given Mr Gutry's resignation, that investigation is now at an end."