(1) In section 38(1)(a) of the Essential Services Commission Act 2001 for "44" substitute "37A".
(2) After section 38(1) of the Essential Services Commission Act 2001 insert —
"(1A) Before the Commission makes a decision under subsection (2), the Commission must—
(a) give the person giving the information or document an opportunity to make a submission to the Commission specifying—
(i) why the information or document is of a confidential or commercially-sensitive nature; and
(ii) the detriment that would be caused by the disclosure of the information or document; and
(b) consider any submission made by that person.".