The Waitangi Tribunal indicated in early 2020 it was inclined to recommend the return of the land. However, the Crown and Mercury challenged this in the courts. The Crown and Mercury had a measure of success in the High Court. Wairarapa Moana ki Pouākani Incorporation appealed the High Court decision and on an application by the incorporation the Supreme Court agreed to leapfrog the Court of Appeal and hear the appeal directly. That appeal was heard at the start of this year and is awaiting the delivery of a decision. In the lead-up to the appeal, the Crown signed a deed of settlement with Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua Settlement Trust. This deed of settlement purports to settle the incorporation's Wai 85 claim. In the week before the Supreme Court heard the incorporation's appeal, the Crown then introduced the legislation giving effect to this settlement. If passed, the legislation would bring an end to the incorporation's application for the return of the land of Pouākani. The Supreme Court hearing went ahead despite the introduction of the settlement legislation.